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re: Protests blowing up in Downtown Birmingham
Posted on 6/4/20 at 12:30 pm to JustGetItRight
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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Posted on 6/4/20 at 12:36 pm to mre
That's interesting and as you point out very different than most states. Like I said, I didn't dig into case law.
Anyhow, just to be clear, I'm not defending the officer at all. He did it. I just don't want the prosecution to let a conviction slip between their fingertips - which IMO happened with the Castile case.
Anyhow, just to be clear, I'm not defending the officer at all. He did it. I just don't want the prosecution to let a conviction slip between their fingertips - which IMO happened with the Castile case.
This post was edited on 6/4/20 at 12:37 pm
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