FACTS Include only those facts that are relevant to the opinion. Be sure to incl
ID: 3491813 • Letter: F
Question
FACTS Include only those facts that are relevant to the opinion. Be sure to include what took place in the lower courts (Le, convicted of murder at trail, State Supreme Court reversed because of illegal search). ISSUE: What question(s) is the Court addressing and/or deciding in the opinion. Always put in the form of a question. (For example: Does a defendant's silence upon receiving his Miranda warnings constitute a valid waiver of his right to counsel prior to ?) HOLDING: Answers the question posed in the issue usually can be answered yes or no (For example: Yes, if the circumstances surrounding the interrogation indicate that the defendant understood his rights and answered the officer's questions voluntarily, a valid waiver has occurred.) RATIONALE The reasoning behind the decision. Why did the Court rule as it did? DISSENTING AND CONCURRING OPINIONS: Major points of other opinions published with the case. YOUR THOUGHTS What do you think of the opinions?Explanation / Answer
case name: people vs marrero
Facts : a federal correction offi-cer, defendant , had been arrested with the conviction that he had a loaded pistol, and this was unlicensed. This possession was known to be a crime and violation. The exception was for peace offic-ers. He said that he thought of himself to be one of the peace officers and thus an exemption.
Issue: Does subjective mistake as admitted by the defendant, keeping in mind that he understands statu-tory prohibition, allow him to carry out such criminal conduct?
Holding : Yes, the defendant did understand his rights and answered as well as complied with the offi-cer.
Rationale : the court initially charged the defendant as guilty, with possession of a weapon, which was later reversed.
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