1st & 2nd Degree Murder
Compare James and Hines
Both involved inherently dangerous felonies. In James, meth mom blew up trailer and killed kids. Court found using abstract approach (minority) that making meth was inherently dangerous and therefore mom guilty of felony murder. In Hines, drunk turkey hunter shot friend accidentally. Based on specific facts approach (majority), court found hunting at dusk near others created foreseeable risk of death, so inherently dangerous. Defendant guilty of felony murder.
Malone
17 y/o defendant encouraged 13 y/o to play Russian Roulette. Defendant fired at victim 3 times and bullet hit on 3rd shot. Ct found gross recklessness where death is reasonably anticipated to be a likely result establishes malice. Defendant guilty of second degree murder.
Compare Bodely and Stamp
Both concern the one continuous transaction rule. In Bodely, defendant stole $75 and fled, hitting victim with car as he drove away. Court found defendant could be convicted of felony murder for homicide that occurred during flight of crime. Defendant liable until place of temporary safety. In Stamp, defendants caused victim's heart attack in furtherance of felony. Court found even unforeseeable deaths fall under FMR when but-for causation exists.
Brown
Defendant killed 4 y/o; Ct found there was not evidence of both premeditation (design) and deliberation (coolness & reflection). Repeated blows were not sufficient to establish P & D, therefore second degree murder. Ct felt D wanted to continue abusing and did not intend to kill. Also, second degree is presumed, first degree is an elevated charge.
Ambro
Husband stabbed wife after she told him she was divorcing him, that he was not the father of their children, called him an alcoholic, and said she was taking the children. Court found defendant was sufficiently provoked and could get vol. mansl. This was an exception to the mere words rule because these words were informing words.
Knoller
Dog owners let dogs attack woman in apartment complex because they ignored the dangerous dispositions of the animals. Court found implied malice for second degree murder was established based on a conscious disregard for danger to human life. No provocation, or abandoned and maligned heart.
King
Pilot and copilot flying plane containing LOTS of weed. Defendants crashed due to bad weather, court found that they would've crashed regardless of the contents of the plane (no causation between commission of felony and crash), so felon that survived is not liable for co-felon's death under felony murder rule.
Bingham
D raped and killed mentally disabled woman; strangulation took 3-5 minutes. Court combined premeditation & deliberation and found that having the opportunity to deliberate does not mean the defendant actually deliberated, so second degree murder only.
Berry
Husband killed wife after she provoked him over 2 weeks by seducing him and then telling him she was having another man's baby and rejecting him. Court found that long-course provocation was adequate based on reasonable person standard and defendant could get vol. manslaughter. Minority approach.
Welansky
Night club started on fire after busboy lit a match. Everyone died because the exits were improperly blocked and prevented the escape of hundreds of people. Owner was not present at the time but was still found guilty of involuntary manslaughter because he owed a duty of safety and care to the patrons and was criminally negligent (reckless/wanton).
Rose
Defendant accidentally shot girlfriend in the head with a gun that he thought was unloaded. Court found that the underlying felony was assaultive in nature and therefore merged with the second degree homicide based on the merger doctrine. State had to prove intent for 2nd degree murder and couldn't rely on FMR.
Simon
Defendant shot at Asian neighbor believing he was under attack, then shot at neighbors and police. Court found objective standard should be used to determine whether a self defense was based on a reasonable belief of necessity. Reasonable belief implies both actual belief and existence of facts that would lead a reasonable person to that belief.
Gilbert
Defendant shot wife with Alzheimer's because she was ailing and said she wanted to die. Ct found good faith intentions are not a legal defense and that killing was both premeditated and deliberate. Defendant guilty of first degree murder.
Dumlao
Defendant thought wife was sleeping with her brother. Defendant tried to shoot brother and shot mother-in-law instead. Ct found D's mental illness should've been considered to determine reasonableness in light of EMED. EMED is viewed from the defendant's POV
Williams
Canola
Robbery victim fatally shot co-felon. Defendant not found guilty for felony murder because killing was done by a third party (agency rule).
Goetz
Defendant shot 4 kids on subway because he believed he was being mugged based on prior experiences. Court found deadly force may only be used if a reasonable person would've believed assailant was using/about to use deadly force or a reasonable person would've believed assailant was committing a BARRK offense. Can take into account 1) relevant knowledge D had of V, 2) Phys. attributes of all, 3) prior experiences of D