Tuesday, February 26, 2013

State v. Sophophone case brief

State v. Sophophone case brief summary
270 Kan. 703

PROCEDURAL POSTURE: Defendant appealed a judgment of the Lyon District Court (Kansas), which convicted him of felony murder for the death of his co-felon during flight from an aggravated burglary in which both defendant and the co-felon participated.

FACTS: The instant court considered whether defendant could be convicted of felony murder for the killing of a co-felon not caused by defendant's acts but by the lawful acts of a police officer acting in self-defense in the course and scope of his duties in apprehending the co-felon fleeing from the aggravated burglary. Defendant's principal argument centered on his being in custody at the time the co-felon was killed by the police officer's lawful act, which defendant contended was a break in circumstances sufficient to insulate him from further criminal responsibility.

HOLDING:
The court overturned defendant's conviction for felony murder, holding that under the facts of the case where the killing of the co-felon resulted from the lawful acts of the police officer in attempting to apprehend the co-felon, defendant was not criminally responsible for the resulting death of the co-felon.

ANALYSIS:
Making defendant criminally responsible for the police officer's lawful acts was not the intent of the felony murder statute as it was written.

OUTCOME: Judgment reversed. Because the killing of the co-felon resulted from a police officer's lawful acts in attempting to apprehend the co-felon, defendant was not criminally responsible for the co-felon's death.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?

No comments:

Post a Comment

The Ins and Outs of Class Action Lawsuits: A Comprehensive Guide

Sometimes, you may buy a product only to find it defective. To make it worse, your search for the product reveals mass complaints. You can ...