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cgarrels
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State v. Ochoa
- New Mexico three defendants did they aid the shooter and share criminal purpose
- no distinction between principal and abettor
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Wilson
- aided burglar with intent to trap him
- did not share felonious intent/criminal purpose
- no mens rea to committ burglary
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Etzweiler
- convicted of accomplice to negligent homicide
- he gave keys to drunk friend
- court found accomplice can't intend to something the principal isn't aware of
- (negligence is unawareness of risks when one should otherwise be aware
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Strawman State v. Moore
- facilitation:
- buyers/sellers lie with intent for someone to illegally possess a firearm
- mother in case pawned boombox with knowledge that funds would be used to purchase
- neighbor "grandpa" purchased gun
- used to kill a cop, mother was found to be an accomplice to "making a false statement"
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Christy Pontiac
- Respondeat Superior
- Dealer responsible for salesman's acts when they were
- "acting in the capacity/scope of their employment"
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Hilton Hotels
- HH found liable for employees violation of Sherman Antitrust Act despite company policy
- against behavior
- Enterprise stood to gain from the boycott, did not "try hard enough" policy wasn't backed up
- by meaningful enforcement
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Francis v. Franklin
- malice murder, prisoner escapes therefrom
- points gun at door, gun accidentally goes off
- jury instructions "person is presumed to intend..." violated due process
- state must prove intent as an element of second degree murder
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Watson
- premeditation, Watson killed a cop in a split second
- time elapsed sufficient to allow inference of premeditation
- jury could disbelieve d.'s claim he shot in a panic
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Walker
- slit belligerent drunk's throat after he attaced first
- even though the deceased was knocked out, occured in the heat of the fight
- "furor brevis"
- therefore voluntary manslaughter not 2nd d. murder
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Rowland
- killed his wife and her "paramour" while they were committing act of adultery
- (paramour was fleeing the house in his pajamas)
- manslaughter b/c committed in heat of passion
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Wu
- convicted of 2nd degree murder killing her son
- cultural norms lead to emotional disturbance
- experts claimed she was in a fugue state with no conscious thought
- court ruled culture could be used to support theory of mental state
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Welansky
- owner of nightclub, convicted of wanton/reckless conduct when club burned down
- was not present night of fire, but knew about blocked exits, inadequate exits
- knowingly increased the risk of harm
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Williams
- native american couple failed to seek medical attention for sick infant who subsequently died
- convicted of manslaughter (negligence)
- application of standard of ordinary caution by a man of "ordinary prudence"
- cultural/social context not relevant
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Mayes
- threw beer at wife, hit oil lamp, she was severely burned and died one week later
- Mayes convicted of murder
- malice could be inferred from circumstance, e.g. act was unprovoked and unlawful
- he showed an abandoned and malignant heart
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Hickman
- felony murder rule
- one cop shot another cop while Hickman was escaping from a burglary
- foreseeable and reasonable that burglary could turn violent
- criminal is responsible for innocent's death even if they themselves don't commit the act
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Brown
- rape element of resistance
- farmhand rapes teenage girl crossing field
- covers her mouth, she screams and tries to get away
- court finds that she did not try hard enough
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Dorsey
- D. traps victim in elevator by hitting button
- threat did not have to be explicit, requirement of utmost resistance done away with
- common sense supports victim's assertion that she had no choice
- act of stopping elevator constitutes force
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Barnes
- met up for weed deal, wouldn't let victim leave
- victim's belief could be found to be reasonable based on his actions of rearing up
- and his statements that she would "make him angry"
- again an implicit threat
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Interest of MTS
- New Jersey 1992
- juvenile convicted of sexual assault
- consent must be freely givn and affirmative i.e. the absence of non-consent is not consent
- penetrated her while she was asleep
- force in the statute consists of the act of penetration in and of itself without consent
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Moorman
- North Carolina 1987
- victim asleep in dorm room, he claimed she appeared to consent, he thought she was someonelse,
- conviction upheld, force and nonconsent satisfied elements of sexual assault
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Boro
- california 1985
- Def. pretended to be Dr. and claimed victim would die if she didn't have sex with him
- as long as victim understood nature of act, was not rape
- rape by fraud only if in factum
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Liberta
- PA Lafayette dorm room, claimed he believed he had consent due to previous encounter/ it was reasonable for
- him to believe he had it
- Wiliams established reasonable belief is not a defense to rape
- element is actual lack of consent, not state of mind of defendant
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Mitchneck
- PA 1938
- owneer of mine withheld wages from employees to pay third party, did not pay
- M.owed money to third party, not employees
- court held not fraudulent conversion b/c statute not intended to cover civil
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Carrier who broke bulk
- star chamber 1473
- carrier broke apart bale of woad (dye)
- larceny required the taking to be trespassory, or without owners consent
- only when he broke bulk did trespass occur, since he did not have permission to do so
- thus, if he had sold the entire bail it would not have constituted a felony
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Rex v. Chisser
- even though shop owner gave chisser the tie, they were not out of her possession
- possession continues until the perfection of the contract
- thus, by taking the tie without her permission committed larceny felleo animo (he fled)
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King v. Pear
- because contract for the rental of the horse was entered into under false pretenses,
- i.e. he intended all along to steal the horse, it was felony
- if he had decided afterward to sell the horse, it would not have been
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Sattlekau
- New York 1907
- told victim he wanted to marry her, needed 1000 to buy hotel
- falsely claimed ownership of hotel (hotel does not exist)
- convicted of grand larceny
- i. made false assertions about current facts
- ii. victim believed and relied upon those assertions in parting with her money
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Rybicki
- theft of honest services
- two lawyers in New YOrk deprived insurance companies of the honest services of their employees
- (adjusters) by bribing them for expedited processing of claims
- materially ommitted information (existence of the bribes)
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McCormick
- can public officials be convicted of 'extortion under color of official right'
- M. recieved money from foreign doctors/ induced payment to support registration allowing them to
- practice without passing licensing exams
- court held that, to prove extortion under color of official right, state must demonstrate quid pro quo
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Dudley and Stevens
- necessity, starving at sea, ate the cabin boy
- d's argued wasn't murder to kill an innocent to save own life
- court rejected notion, self defense only against an agressor, not an innocent
- quoted Milton "with necessity, The tyrant's plea..." feared changing definition of murder
- appealed to Christian duty to self sacrifice
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Unger
- charged with crime of escape, jury had been instructed that necessity was not a defense
- Unger claimed he escaped to avoid being sexually assaulted
- validity of necessity claim can be decided by jury
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Warshow
- demonstrators against power plants argued necessity (charge of unlawful trespass)
- necessity is not a defense when the emergency is not imminent and immediate
- defendants can't circumvent policy choices already made by legislature
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La Voie
- defendant was accosted by thugs who rammed his car, stopped and defendant got out
- one of the thugs was moving toward him in a menacing way, La Voie shot and killed him
- Court affirmed judge directed verdict of not guilty
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Gleghorn
- Gleghorn entered victim's abode (loft in a barn) with announced purpose to kill him
- sets fire to him, gets shot with arrow, then kills victim
- claims self defense, but court rejects because victim was justified
- or because Gleghorn continued to beat victim after he was incapacitated
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Leidholm
- L killed her abusive spouse
- raised battered wife syndrome as part of her belief that killing was justified
- self defense if belief reasonable, manslaughter if belief unreasonable/reckless, 2nd degree
- murder or negligent homicide if belief held negligently
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Goetz
- subway case
- youths surrounded him on subway, said give me five dollars, no weapon displayed
- Goetz shot and paralyzed one of the boys
- race played a role, Goetz had been mugged before- he stated he wanted to punish them, make them suffer
- appellate court quashed grand jury indictment
- held that use of reasonable man standard introduced objective standard
- court held appellate ruling in error, reasonableness is objective, remanded for trial
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Garner
- police officer shot suspect in the back while he was fleeing
- SCOTUS held force used by law enforcement subject to reasonable search and seizures 4a
- totality of the circumstances did not justify, i.e. suspect was unarmed and not a threat
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Serravo
- insanity
- stabbed his wife because god told him so
- incapable of distinguishing right from wrong includes a person who believes their conduct is
- morally right even if they know it is criminal
- m'naghten rule still punishable if def. knows act is criminal even if acting under a delusion
- deific decree exception, if the delusion destroys defendant's ability to discern morality
- if the delusion merely relates to a state of affairs but the defendant can still appreciate the
- moral wrongness of his actions he can be found guilty
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Smith
- private on military base diagnosed with schizophrenia shot and seriously injured officer
- charge with shooting with intent to kill wound or maim
- court found sufficient evidence that because he was at times able to act rationally towards his
- goal and conform to the law he was legally sane when he shot officer, even though he was acting under
- a delusion and his goals were not reasonable
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