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re: Protests blowing up in Downtown Birmingham
Posted on 6/4/20 at 12:14 pm to mre
Posted on 6/4/20 at 12:14 pm to mre
That's what I figured - but they're going to have to say that the assault and the assault that killed him were two different ones. That's were the other officers' testimonies will be important.
I've been a witnesses in a case in Alabama where the defendant was charged with assault and resisting arrest got the assault charge tossed because it was the same fight.
I've been a witnesses in a case in Alabama where the defendant was charged with assault and resisting arrest got the assault charge tossed because it was the same fight.
Posted on 6/4/20 at 12:30 pm to JustGetItRight
quote:
That's what I figured - but they're going to have to say that the assault and the assault that killed him were two different ones. That's were the other officers' testimonies will be important.
In most jurisdictions you would be right. The merger doctrine would *merge* the assault into the murder charge so as to preclude using assault as the predicate felony for a felony murder charge. That's not the case in Minnesota. In Minnesota, "[a]ny felony, not otherwise proscribed, which, as committed, involved special danger to human life, could serve as a predicate felony." State v. Branson, 487 N.W.2d 880, 884 (Mn. 1992). Minnesota only exempts from its felony murder statute a handful of felonies: "criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting." MN Stat. 609.19.
The assault was Chauvin sitting on his neck for 8+ minutes, which was caught on film.
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