Case Brief: State v. Hobgood
Case Name and Citation
State (R) v. Hobgood (At), 112 N.C.App. 262, 434 S.E.2d 881 (1993)
Procedural History
At trial, Defendant was found guilty of second-degree burglary. The defendant lost the right to appeal. Hobgood filed a petition for a writ of Certiorari.
Facts
Keep facts as short as possible. Only include facts that are material to the court's resolution of the dispute. The inclusion of an excessive number of facts will force you to reread too much of the case when you use your brief, and it will make it harder for you to compare and contrast the facts of different cases as you try to understand how each case fits into the area of law involved and how each case compares to your client's fact situation.
Issues (questions presented)
What questions or issues were addressed by the court to resolve the dispute in the case? This is always stated as a question that can be answered with yes or no.
Holding
How did the court answer the issue/questions presented? The holding is the court's application of the law to the facts to resolve the issues in the case. Should always answer the question (yes or no), then give a statement that actually answers the question.
Analysis (Rationale)
Why did the court answer the questions presented as it did; why did the court reach the holding it reached? The rationale is the court's reasoning to explain why it reached its holding.
Concurring/Dissenting Opinions & Comments
In this section you should summarize the concurring or dissenting opinions (if written). If
no opinion is written, but dissenting judges are noted, you should list who has dissented.
Conclusion
