#11431 - Case Key - Criminal

CRIMINAL CASE GUIDE

Acosta – helicopter crash during high speed chase. Guilty. 13

Alvarez – drugs & guns go together. Hotel deal. Guilty. 42

Anderson – Bf stabs daughter, not premeditated (factors). 17

Anderson – abortion referral, spoke/wheel. Guilty. 42

Arzon – couch fire caused by Arzon, nontraceable 2nd fire kills firefighter. Guilty. 13

Balint – opium & coca leaves, unknown to distributor. SL. Policy. 11

Berry – waits for V in apt 20 hours. Could increase “heated blood” under flex.

Blake – long history of erratic behavior and mental problems. Jail release. Waitress

informant. Bank robbery. Cognitivie and volitional prongs of insanity. 52.

Booneville – CA. carrying rifle in field, arrested before raised. No equivocality. 32.

Borelli – criticizes simplicification of conspiracy shapes in modern drug

transactions. 43.

Brawner – DC evidence allowed to show no MR, especially to reduce murder. 55.

Bridges – 16th birthday. Guilty. Foreseeability. Gets rid of “within the scope of

conspiracy” from Pinkerton but preserved “in furtherance of” prong. 41.

Bruno – 2 separate retailors. Still chain. 43.

Canola – V shoots cofelon. D not guilty. Agency theory. 22

Carrol – nagging wife, shot in sleep. Premeditated. No time too short. 16.

Cassasa – bathtub killer, no EED, not reasonable

Cheek – no taxes. Guilty. Must exercise reasonable care in ascertaining ruth, or else

willful. Must be good faith misunderstanding. 46.

Clark – paranoid schizo shoots police officer during traffic stop. Mott discussion.

Evidence types. Does not allow evidence of DC in MR, only in insanity. 55.

Cunningham – asyphixiation of mother in law. Malice does not required

wickedness, but rather is intent or recklessness. 9.

Davis – insanity factors. 1897. 51.

Deitsch – warehouse fire kills because storage material blocked fire escape. No

determined cause of fire. Guilty. 13

Diza – nexus b/w D’s role and coconspirator’s illegal conduct. 42

Dotterweich – incorrect labels, given by manufacturer. SL. Policy. 11

Dougherty – no jury instruction revealing power to nullify. But courts inherently

acknowledge the power of the jury to nullify. 3.

Duke – undercover chat room sex bust. No overt act. 33.

Durham – product rule in insanity. 51.

Eagleton – to not be preparation, must be “last step” able to take on road of criminal

intent. 33.

Fischer – college kid. Thought no meant yes. No reasonable mistake defense for

rape. Williams standard applies. Penn is SL. 29.

Fleming – drunk driving 100mph. implicit malice aforethought. 21.

Forrest – terminally ill father in hospital. Guilty. 17.

Girouard – verbal abuse not sufficient to qualify as provocation. 18.

Gladstone – undercover marijuana deal. Must be nexus b/w MR and AR. Stake or

interest. Knowledge not sufficient. 36.

Goetz – subway killing. Reasonableness supposed to be objective. 47.

Guthrie – dishwasher. Unstable. Not premeditation. Time necessary. 17.

Hall – reckless ski instructor.manslaughter. RP in actor’s position. 19.

Harper – bill trap. Fails equivocality. 32.

Hazel – in Rusk. Resistance or fear. 26.

Hicks – cowboys. die like a man. Must have intent to further the crime. 35.

Hofus – no need for jury unanimous agreement as to what was the subst. step. 32.

Hood – Drunk. Shoots cop in legs. VI not defense to GI, only SI. 54.

Interstate Circuit – tacit agreement conspiracy. Factors. 41.

Jackson – robbery conspiracy. First time abandoned. Substantial step. Guilty. 32.

Jones – child abuse by mother, in home of nonfamilial relation. No duty. 8.

Kelly – removes oak fireplace. Mistake of fact. Good faith. 45.

Kern – whites chase blacks with bats. Hit by car. Guilty. 14.

King – transporting cocaine, helicopter crash. No link to illegality of conduct. 21

Kotteakos – fraudulent housing loans. Same agent. Spokes unrelated. 42.

Kuntz – BF attacks, GF stabs, doesn’t call medical help. Not guilty. 8.

Lane – victim’s alcoholism-related brain edema. 13.

Lauria – CA. call girl service. Knowledge plus intent. 41.

Liberta – marital rape exception. Guilty. 25.

Lovely – exception to general rule that rape does not cover non-physical coercion. 25

Luparello – CA. tries to locate former lover. N&P consequences. Guilty. 37.

Lyons – drug addiction not mental disease, unless changes physical makeup. No

more volitional prong. 52.

Maher – shoots lover in forest. Manslaughter. No aforethought. 18.

Main – car accident, neck injury, Poice doesn’t aid. Not superseding. 14.

Malone – Russian roulette, no remorse. 60%. Depraved heart. 20

Marrero – peace officer interpretation. Hand gun. Guilty. Policy. 46.

McCoy – CA. drive by shooting, P acts in self defense. Defense not available to D, as

accomplice. 37.

McDermott – insider trading. Porn star. Scope of connections. Not guilty of

connection with NJ business man. 43.

McQuirter – black, stalking, attempt of rape, racist testimonies. Consider social

conditions and customs when determining prep v attempt. No test. 31.

McVay – captain of steamer. Explosion. Liability for result when you act with SAME

MR as principal. Negligent homicide as a possibility. 36.

M’Naghten – CA approach. Nature and quality, or did not know act was wrong. 51.

Morisette – bombcases, sold to junkyard. Not guilty of conversion. “knowingly.” Not

guilty. 11

MTS – V must affirmatively and freely consent. Nonconsent is presumption. Burden

on D. 27.

Norman – battered wife. Severe. Torture. Dragged out of police office. 48.

Olson – 14 year old in trailor. SL. 45.

Peterson – windshield wipers. Retreat possible. Not in danger of death. 49.

Phillips – chiropractor. Inherently dangerous limitation to F-M. not guilty. 22.

Pinkerton – brothers, one in jail. Overt act of one partner is overt act of ALL, even without new agreement specifically directed to the act. CA follows. 40.

Pope – D takes in mom possessed by god, kills child. No duty. Policy. 8.

Prince – man takes girl under 16 from father. SL. Moral test. 45.

Raines – intent to kill when man shot through drivers window. Magnitude of risk

was certain. In Smallwood. 31.

Richards – hitmen, but V escapes without seirous injury. 37.

Rizzo – robbers searching streets for specific victim. Never find him. Not guilty. 33.

Roe – Russian Roulette. Remorse immaterial. Depraved = known degree risk to life.

20.

Root – 2 racing. Deceased crossed median to pass. No proximate cause. 14.

Rusk – meet at bar. Takes car keys. The look. Light choking. Hazel rule. 26.

Serne – insurance, house fire, disabled son’s death. Malice aforethought implicit

when act is eminently dangerous. 20.

Sherry –...