Criminal Law
: Arbitrary and CapriciousID: felony murder rule results in remand
From the Times-News:High court overturns conviction in '05 shotgun slaying - Gambrel drug charges could complicate Pina retrialThe conviction of Juan Carlos Fuentes Pina, one of two men convicted for the slaying of Jesse Naranjo, was vacated on appeal by the Idaho Supreme Court on Wednesday. The five-justice high court ruled 3-2 that a Twin Falls jury was given improper instructions by Judge Richard Bevan before deliberating on the case...More from SCOIDBlog.
Full post as published by Arbitrary and Capricious on July 11, 2009 (boomark / email).

MO, KS have different takes on felony murder
Joe Lambe's got a good piece here about a murder case from Lawrence where two guys allegedly went to rob a third...
Suppression and change of venue in Emporia murder case
Here and here are a couple of Emporia Gazette articles reporting that Judge Wheeler granted a motion for change of venue and also substantially restricted the state's evidence in a Lyon County felony murder prosecution after remand from the Kansas Supreme Court in State v...
Supreme Court of the State of Washington holds that the crime of "attempted first degree felony murder" does not exist
Supreme Court of the State of Washington holds that the crime of "attempted first degree felony murder" does not exist: According to today's unanimous ruling, "It follows that a charge of attempted felony murder is illogical in that it burdens the State with the necessity of proving that the defendant intended to commit a crime that does not have an element of intent...
Federal judge stops TX execution
The inmate here didn't actually fire the murder weapon -- he was the getaway driver...
Appellate Court Reviews Trial Court?s Actions On Remand De Novo
This doesn?t come up often, but the rule is good to keep tucked away for when you need it...
People v. Chun (Cal. Supreme Court - March 30, 2009)
This is the type of work you can do when -- as a court -- you've got a little extra time on your hands...
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I was under the impression I could still purchace a rifle for pheasant hunting, just not a pistol, I entered the gun store,picked out a nice rifle and took it to the counter, I was asked to fill out a form,half way throu
PS If some one answers this question for me I will pay a reasonable fee,to your ...
I did test negative on drug/alcohol test. I was escorted to the lab in the hospital I work in and asked in front of my co-workers who would be doing my drug testing. My test results were also sent to the office of the nu
hi, i just thought id give my sympathy as i too am in the mist of fighting a def...
Do felony warrants in one state show up when you use your passport or does there have to be a reason for the border patrol to search for warrants.
Since 9/11 the NSA/homeland security can hear you sneeze across three states. Th...
What is the law regarding disclosing felony conviction on an aplication after the crime is 7 years old or older?
It's not like Bankruptcy where it automatically expunges itself after 7 yea...
What is the most time, if any, that a minor charged wwith a second degree felony will serve
The laws of the state in which the arrest occurred will govern. Hopefully you ar...
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I was under the impression I could still purchace a rifle for pheasant hunting, just not a pistol, I entered the gun store,picked out a nice rifle and took it to the counter, I was asked to fill out a form,half way throu
PS If some one answers this question for me I will pay a reasonable fee,to your ...
I did test negative on drug/alcohol test. I was escorted to the lab in the hospital I work in and asked in front of my co-workers who would be doing my drug testing. My test results were also sent to the office of the nu
hi, i just thought id give my sympathy as i too am in the mist of fighting a def...
Do felony warrants in one state show up when you use your passport or does there have to be a reason for the border patrol to search for warrants.
Since 9/11 the NSA/homeland security can hear you sneeze across three states. Th...
What is the law regarding disclosing felony conviction on an aplication after the crime is 7 years old or older?
It's not like Bankruptcy where it automatically expunges itself after 7 yea...
What is the most time, if any, that a minor charged wwith a second degree felony will serve
The laws of the state in which the arrest occurred will govern. Hopefully you ar...








