Defenses to Felony Murder
by: Ryan • August 15, 2012 • no comments
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| − | I have previously written that the Oregon Supreme Court has provided some very helpful guidance in developing defenses to felony murder. I wrote about it in this [[Blog:Main/ | + | I have previously written that the Oregon Supreme Court has provided some very helpful guidance in developing defenses to felony murder. I wrote about it in this [[Blog:Main/Defeating_Felony_Murder:_Finding_a_Lagniappe_in_Today%27s_Already_Great_OSC_Opinion | post.]] |
Today, the COA issued an opinion in ''State v. Perez-Chi ''that furthers the discussion in some very good ways. | Today, the COA issued an opinion in ''State v. Perez-Chi ''that furthers the discussion in some very good ways. | ||
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''Perez-Chi,'' like its predecessor ''Lopez-Minjarez'', deals with these defenses indirectly. When those defenses are addressed at the trial level, either when these two cases are re-tried or new felony murder cases go forward, preservation needs to be made by way of an MJOA and a special jury instruction. But of the two, the jury instruction is far more important. | ''Perez-Chi,'' like its predecessor ''Lopez-Minjarez'', deals with these defenses indirectly. When those defenses are addressed at the trial level, either when these two cases are re-tried or new felony murder cases go forward, preservation needs to be made by way of an MJOA and a special jury instruction. But of the two, the jury instruction is far more important. | ||
| − | {{wl-publish: 2012-08-15 08:29:21 -0700 | Ryan }} | + | {{wl-publish: 2012-08-15 08:29:21 -0700 | Ryan:Ryan Scott }} |
Latest revision as of 12:03, August 10, 2013
I have previously written that the Oregon Supreme Court has provided some very helpful guidance in developing defenses to felony murder. I wrote about it in this post.
Today, the COA issued an opinion in State v. Perez-Chi that furthers the discussion in some very good ways.
Later today, this website will summarize the criminal cases that came out this morning from the COA.
Perez-Chi, like its predecessor Lopez-Minjarez, deals with these defenses indirectly. When those defenses are addressed at the trial level, either when these two cases are re-tried or new felony murder cases go forward, preservation needs to be made by way of an MJOA and a special jury instruction. But of the two, the jury instruction is far more important.
