Under Florida law, LIO's or Lesser Included Offenses do not have to be specifically charged in the indictment. In essence, KC also faces 2nd degree murder; manslaughter and all other LIO's of each named count on the indictment. The only charge that requires premeditation as an element is 1st...
Legal authorities showing felony murder conviction although not specifically charged, originally posted here:
So, unless someone can come up with a more recent opinion that overturns Knight, it appears to be the very, very well settled law of Florida.
(also slightly edited from original post)
Yup! Me too! Now off to find some of the posts that have already done the research on LIO's and felony murder.
Yes, Virginia, there is not only a Santa Claus but KC may be convicted of felony murder, 2nd degree murder and various other Lesser Included Offenses or LIO's.
No. Well, yeah, technically a judge can measure the margins and throw it out if it's not exact, etc. but it doesn't happen in trial courts. Appellate courts will send it back though!
It won't fly but they may be thinking of trying to claim KC had Amy's permission. I can't remember which one but sort of recall reading something in one of these latest pleadings that seemed to suggest that to me.
Mistakes happen and having made more than my fair share of typos, I can overlook that. Well, I could have overlooked that until I considered how much effort I would put into something that I knew would be hitting the media within hours of filing. When I write "typos" of course I am referring...
And to get us back on topic, in cases cited earlier in the thread, the Florida Supreme Court repeatedly held that premeditation may be inferred from circumstantial evidence.
Lynch v. State, Nos. SC06-2233 & SC07-1246 (Fla. 2008):
"Johnson v. State, 969 So. 2d 938, 951 (Fla. 2007)...
This opinion was rendered September 29, 2008; Deparvine v. State, No. SC06-155 (Fla. 2008)
"...
We also reject the related claim that the trial court erred in instructing the jury that it could find premeditated murder, felony murder, or both, when the indictment only charged first-degree...
I find it highly unlikely the Court will allow this invasive list of questions in total. Some, yeah, sure but not the lengths to which the defense wants to go. JMO
Well, there's goes any chance of "ineffective assistance of counsel" in the fraud case. My guess is that AL is going to use this case as motion practice for her students. What I found pretty interesting in these latest motions was the request to forbid Caylee's name from being mentioned in the...
It's an interesting question and I remember reading a case a while back wherein a woman was convicted of murder for not rendering aid to her aged mother. I can't remember the style of the cause off the top of my head but if it's an issue, I'm sure I could find it again. Basically, iirc, after...
Repeating see my post from the old thread, here.
In case you're not familiar with Knight, cited in Florida Standard Jury Instructions:
"Under Knight v. State, 338 So.2d 201 (Fla. 1976), felony murder is included within a single indictment count of premeditated murder. Therefore, first...
If the cases posted don't sufficiently explain, just let me know and I'll try to pull some others but expect it's just going to repeat what has already been posted. This appears to be very well settled Florida law.
Quoted from Williams v. State, No. SC04-857 (Fla. 2007) :
"...
As with the felony murder charge, if "a rational trier of fact could find the existence of the elements of the crime beyond a reasonable doubt, sufficient evidence exists to sustain a conviction." Pagan, 830 So. 2d at 803. With...
Lynch v. State, Nos. SC06-2233 & SC07-1246 (Fla. 2008):
"...Johnson v. State, 969 So. 2d 938, 951 (Fla. 2007) ("Premeditation can be inferred from circumstantial evidence such as 'the nature of the weapon used, the presence or absence of adequate provocation, previous difficulties between the...
"Killing with premeditation is killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the killing. The period of...
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