@MassGuy.
RSBM
“The plan may have been vague, and it certainly wasn’t well executed, but things would look very different had Shanann’s friend not acted as early and aggressively as she did.
I just don’t think we have enough information to discern premeditation here”.
I see you and I are still sitting in our respective places where we were weeks ago.
Planning and premeditation are not mutually exclusive.
Premeditation is often defined as any planning or design to cause the death. It can mean the time it takes to pull a trigger, or in this case, strangling which takes minutes to complete. He could have chosen to stop.
US case law:
In Chisley v. State,...the Court of Appeals defined the time element required for a finding of premeditation as follows:
"[t]he time need not be long. It must be sufficient for some reflection and consideration upon the matter, for choice to kill or not to kill, and for the formation of a definite purpose to kill. And when the time is sufficient for this, it matters not how brief it is."...
“In his excellent discussion of the meaning of premeditation in Smith v. State,...Judge Moylan noted that "the period of time required for premeditation and deliberation in first degree murder is only that which is necessary for one thought to follow another."..."For a killing to be premeditated, there 'need be no appreciable space of time between the intention to kill and the act of killing—they may be as instantaneous as successive thoughts of the mind.'"
“Applying this legal framework to the facts at hand, the court then concluded that:
Even without any other evidence of [Hounshell]'s mental state, the jury could have concluded, as it apparently did, that within the time it took [Hounshell] to strangle the victim to death, [Hounshell] achieved the necessary mental state which constituted the crime of first degree premeditated murder. Logic and common sense dictate that for one person to strangle another person to death, a significant length of time must pass for the victim to die. This time period in which the perpetrator must continuously exert sufficient force on the victim's throat to block the victim's breathing affords the perpetrator a significant opportunity for reflection and a change of heart”.
Premeditation & Manual Strangulation
I rest my case.