Monday, November 14, 2011

State v. Guthrie case brief (Criminal Law)

State v. Guthrie

-Victim was making fun of D who was in a bad mood.
-Victim said "lighten up", snapped D with towel, and hit the D in the nose, which caused him to enrage.
-D moved toward the victim, removed gloves, removed knife and stabbed victim in the neck.
-D had claimed psychiatric problems which included panic attacks, chronic depression, and obsession with his nose.
-D claimed that a panic attack immediately proceeded the stabbing.

-Jury verdict of first degree murder.

-Was there premeditation and deliberation on the part of D?
-The court found that premeditation and deliberation should be defined differently and remanded for a new trial.

-First Degree Murder exists when one person kills another person unlawfully, willfully, maliciously, deliberately, and with premeditation.
-Premeditate: To think of a matter before it is executed.  I.e., to deliberate and form in one's mind the plan of destruction.
Deliberate: To measure and evaluate the major facets of a choice or problem.
     It takes time to deliberate.  It is impossible to deliberate unless premeditating.

Class: Criminal Law
Topics:  Premeditate, Deliberate, First Degree Murder


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