Friday, November 11, 2011

People v. Howard case brief (Inherently dangerous felony limitation)

People v. Howard

  • Chase took place during a routine pull-over.
  • After police stopped the D, he restarted and sped to a nearby freeway.  
  • Chase began in a rural area, ended in downtown Fresno where police gave up pursuit, fearing an accident.
  • D ran a red light, collided with a car, killing the driver.  D had stolen a vehicle later that day.
-Can D be charged with murder under the 2nd degree Felony Murder Rule relying on section 2800.2 being inherently dangerous?
-2dFMR does not apply in this case, not all conduct was inherently dangerous.
-The Second Degree Felony Murder Rule states that a homicide that is a direct causal result of a commission of a felony which is inherently dangerous to human life constitutes at least second degree murder.
-Prosecution can obtain conviction without showing malice if killing occurred during the commission of an inherently dangerous felony.
-Ask: "can the felony be committed without creating a substantial risk that death will occur?"

Class: Criminal Law
Subjects: 2nd Degree Felony Murder Rule, Inherently Dangerous Felony Limitation.

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