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  1. lin

    The Charges, Statutes - What Must Be Proven

    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...
  2. lin

    The Charges, Statutes - What Must Be Proven

    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)
  3. lin

    The Charges, Statutes - What Must Be Proven

    Thanks! I was working on correcting -- noticed as soon as I submitted I grabbed the wrong post!
  4. lin

    The Charges, Statutes - What Must Be Proven

    Regarding a potential felony murder conviction: Originally posted in the Premeditation thread, here. (slightly edited from original post)
  5. lin

    The Charges, Statutes - What Must Be Proven

    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.
  6. lin

    2009.10.12 Defense's Motions In Limine-Preclude Murder Case Evidence, Prior Bad Acts

    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!
  7. lin

    2009.10.12 Defense's Motions In Limine-Preclude Murder Case Evidence, Prior Bad Acts

    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.
  8. lin

    2009.10.12 Defense's Motions In Limine-Preclude Murder Case Evidence, Prior Bad Acts

    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...
  9. lin

    Premeditated Murder #972

    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)...
  10. lin

    Premeditated Murder #972

    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...
  11. lin

    Premeditated Murder #972

    For ThoughtElf --Your award:
  12. lin

    2009.10.12 Defense's Jury Motions for Fraud Trial

    I sure hope so! Especially with her taped confessions.
  13. lin

    2009.10.12 Defense's Jury Motions for Fraud Trial

    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
  14. lin

    2009.10.12 Defense's Jury Motions for Fraud Trial

    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...
  15. lin

    Premeditated Murder #972

    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...
  16. lin

    Premeditated Murder #972

    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...
  17. lin

    Premeditated Murder #972

    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.
  18. lin

    Premeditated Murder #972

    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...
  19. lin

    Premeditated Murder #972

    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...
  20. lin

    Premeditated Murder #972

    "“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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