Defense wants to ask to drop some charges . . .
wants 1 count of Premediated murder
On 3/31/2010 - the lesser included offenses in support of Felony Murder charge . . .
aggravated assault
Premediated charge - not provided enough evidence
Felony Murder - discussion is much more viable - research/reflection of this court because case law sits on the fence - case law is so important
ARS 1305-1102? First degree murder - felony murder
in the course of the events - felony flight therefrom . .. ?
had nothing to do with immediate flight - disregard any discussion to that
it has to do with the furtherance of the offense - rather circular discussion
Rule 20 -
State has presented their case - they have presented nothing as to relates to any other felony - she remained in the home after she murdered TA
She was certainly invited and willing guest of TA @ 12:30 that date - and after 5 that afternoon - it changed after 5 that afternoon - as indicated on the camera.
It is clear - this is either a case of premeditated murder or it is not . . . that is really it. . . these are the same events. . . .what other crime would she be furthering?
Shot then stabbed or stabbed then shot - or another version may be presented . . .
There is another thing the court should take in consideration . . . . Miles, Martinez, and Lacy cases cited.
Arizona Supreme Court on 8/16/02 - State v Harley? -
more than likely asserted by the State 222 that is an Arizona opinion
There are case on both sides - the facilitation, the furtherance, ie: burning a building whether a person is not dead.
Mr. Harley entered the home with the victim to faciliate a crime. . . . kidnapping facilitating the murders -
I think Moore is a similar case
In the moment in time something changes
There was nothing facilitated at all- based upon that it should not stand
