Oregon Supreme Ct - April 17, 2014

by: Abassos • April 17, 2014 • no comments

The court rejects a series of unpreserved arguments in this death penalty case. 1. It is neither obvious nor beyond dispute that

a. For felony murder, the felony must precede the murder. In fact, State v Rose indicates otherwise.

b. For felony murder, the intent to commit a felony must precede the murder. There is a split of authority nationwide on the issue and the Oregon Supreme Court has never had the opportunity to take up the issue. The court does point to an argument worth making though: "It may be, as Professor La Fave suggests, that "it would seem that the homicide, done without thought of a felony, could not be in the commission of a felony".

c. For felony murder, the deaths must be a foreseeable result of the felony.