GA - Suspicion over heat death of Cooper, 22 mo., Cobb County, June 2014, #11

[Karmady]

We didn't have 2nd degree murder when they charged him. They downgraded the cruelty charge. Both were felonies, but less burden to prove 2nd. Same felony murder applied to either cruelty charge.

Now though...

You're right. I spoke loosely. I should have said, always easier to get the non-intent crime proven. That said, the new law was enacted in April, so I have to think they were acutely aware of their retroactivity issues when they downgraded. jmo

 

[PigPong]

The new law says that if you are guilty of 2nd degree child cruelty you are guilty of second degree murder. It will supplant the felony murder charge (although I wouldn't be surprised to see some lawyer arguing about it )

I dunno if it's just that I don't like the new murder law or if I don't like it because RH came along at the same time and there's no way I want him only getting 10-30...

 

[RainCheck]

Good grief, this is confusing!

 

[PigPong]

yes....I really tried to envision anyone of my kids scarfing back breakfast in 20 minutes and I couldn't -- not until they were teens LOL -- I don't think that 20 minutes in ChikfilA had anything to do with feeding poor baby at all.

I have a 2 and 4 year old and they can, easy.

 

[Karmady]

child abuse and if I had my way inappropriate communication () with a person under 18

the underlying felony has to relate directly to the crime, though. So if you shoot someone in a bank robbery and he dies, you're guilty of felony murder because the shooting and the robbery are directly related. That's why his lawyer was arguing so strenuously that there was no sexting prior to arriving at work. Also, there's almost no way that the specific sexting with a minor could be the underlying felony for the crime here. Especially if it happened at any other time than that very morning between RH's house and the parking lot at the treehouse. Maybe/likely not even then. jmo

 

[newone]

I have a 2 and 4 year old and they can, easy.

I guess it is my gallic background we dine we don't inhale LOL

 

[RainCheck]

Okay, let me see if I understand now...

Before July 1st, if you were convicted of 2nd degree child cruelty 16-5-70(c) when also charged with 16-5-1 felony murder, you were automatically also guilty of the murder regardless of malice intent or not. Then you could face up to life in prison or even DP.

After July 1st, if you are convicted of 2nd degree child cruelty you can then only be automatically guilty of 2nd degree murder 16-5-1(d), with a max sentence of 30 years in prison.

The crimes will be the exact same but the punishment will be much less!

However, they can still upgrade the charges and RH could face the death penalty, but they would have to prove malice intent?

Did I get it right?

 

[PigPong]

yes....I really tried to envision anyone of my kids scarfing back breakfast in 20 minutes and I couldn't -- not until they were teens LOL -- I don't think that 20 minutes in ChikfilA had anything to do with feeding poor baby at all.

I have a 2 and 4 year old and they can, easy.

 

[PigPong]

I guess it is my gallic background we dine we don't inhale LOL

We like to dine, but we can inhale if we need too

 

[PigPong]

Okay, let me see if I understand now...

Before July 1st, if you were convicted of 2nd degree child cruelty 16-5-70(c) when also charged with 16-5-1 felony murder, you were automatically also guilty of the murder regardless of malice intent or not. Then you could face up to life in

After July 1st, if you are convicted of 2nd degree child cruelty you can then only be automatically guilty of 2nd degree murder 16-5-1(d), with a max sentence of 30 years in prison.

The crimes will be the exact same but the punishment will be much less!

However, they can still upgrade the charges and RH could face the death penalty, but they would have to prove malice intent?

Did I get it right?

Yes ma'am..or sir...

 

[sorrell skye]

The new law says that if you are guilty of 2nd degree child cruelty you are guilty of second degree murder. It will supplant the felony murder charge (although I wouldn't be surprised to see some lawyer arguing about it )

BBM

That's not correct.

The new law states that a person commits the offense of 2nd degree murder if during the commission of 2nd degree child cruelty they cause the death of another human being.

IOW - if the 2nd degree child cruelty leads to the death of that child, then the person has also committed 2nd degree murder.

 

[PigPong]

Go get your rest; if anything's changed it'll be all over the net soon. You're becoming the goto person for the legal stuff but it shouldn't be at the expense of your health. :loveyou:

I'm out. And that's sweet of you but there are much smarter legal folk here than me.

Goodnight, all!

 

[Karmady]

my meagre understanding is that the new law did not have a retroactive clause yet so does not apply to this case

It's a big issue. I'm not gonna burden the general thread with any more stuff about GA law, though.

 

[Karmady]

BBM

That's not correct.

The new law states that a person commits the offense of 2nd degree murder if during the commission of 2nd degree child cruelty they cause the death of another human being.

IOW - if the 2nd degree child cruelty leads to the death of that child, then the person has also committed 2nd degree murder.

well, yes. I presumed the death since we were talking about this case.

eta: and also because there's no "murder" unless someone dies. Maybe I missed your point? :seeya:

 

[MsMarple]

I guess it is my gallic background we dine we don't inhale LOL

Lol, I play Scottish and Irish music with pipers - they may not inhale but they sure can exhale!

:happydance:

 

[Karmady]

I guess it is my gallic background we dine we don't inhale LOL

No one "dines" at chik-fil-a...or with toddlers for that matter. Just sayin'

 

[RainCheck]

Yes ma'am..or sir...

Whew, good because I was starting to feel that old feeling when I couldn't figure out a difficult math problem in grade school and everyone was looking at me, lol!

 

[Karmady]

Okay, let me see if I understand now...

Before July 1st, if you were convicted of 2nd degree child cruelty 16-5-70(c) when also charged with 16-5-1 felony murder, you were automatically also guilty of the murder regardless of malice intent or not. Then you could face up to life in prison or even DP.

After July 1st, if you are convicted of 2nd degree child cruelty you can then only be automatically guilty of 2nd degree murder 16-5-1(d), with a max sentence of 30 years in prison.

The crimes will be the exact same but the punishment will be much less!

However, they can still upgrade the charges and RH could face the death penalty, but they would have to prove malice intent?

Did I get it right?

totally....1000% correct

 

[newone]

Yes ma'am..or sir...

this is almost worthy of a sticky thread

 

[newone]

Whew, good because I was starting to feel that old feeling when I couldn't figure out a difficult math problem in grade school and everyone was looking at me, lol!

me too but you were the brave one with her/his hand up