…is excluded from the instruction and the appealing party did not affirmatively consent to its exclusion but only consented to the instructions as given[,]” the party’s actions do not rise…
…safety. The defendant stated he was not armed and did not consent to a frisk. When the officer said he was “just going to pat [Defendant] down,” the defendant said,…
…260 (1999). But what, practically speaking, does this entail? Defendant turns her car over to impaired driver and rides along One situation clearly covered by the aiding and abetting theory…
…theory other than felony murder, then the court must hold a hearing to determine whether the defendant will be sentenced to life without parole (which I’ll call LWOP, because most…
…the cameras only captured a “sliver” of his life, such that the “mosaic theory” of the Fourth Amendment was not implicated; for an introduction to the mosaic theory, see this…
…delineates new elements, and so creates a new crime — or at least a new theory of first-degree murder. But, as noted above, the bill creates a presumption that a…
…the instruction was supported by sufficient evidence even if it was assumed that the defendant offered evidence of a conflicting theory of defense of habitation. The court noted with respect…
…nothing about how the gun went off. Assuming that the discharge was accidental, could Vater be charged with first-degree murder under the theory of felony murder? Felony murder. Felony murder…
…a lower blood alcohol concentration than it would have at the time it was drawn), the court distinguished his analysis in Davis as involving a novel scientific theory. If reported…
…render the consent entry invalid even if the warrant was defective. The question here was one of consent. The court approved the ruling of the trial court that “the man…
