An example of second degree murder is the issue in Podcast Episode 028 of the Criminal Nuggets Podcast. It involves a horrific case of domestic violence. Defendant beat his wife into a coma that eventually killed her. At trial Defendant was not contesting that he did it. Instead, he was asking the court for a lesser punishment under second degree murder rather than first degree murder. What do you think the court did? [Read more…]
Second degree murder sudden and intense passion is a legal excuse reducing the punishment for murder. However, the long recognized example of walking in on your spouse during an affair is not the same thing as merely finding text messages of the affair. [Read more…]
This case illustrates problems with the insanity defense.
When the facts don't support an insanity defense, defense counsel will be precluded from presenting that defense. This in turn will kill any chances of a GBMI finding. [Read more…]