Are There Some Theories of Aggravated Murder an Accomplice Can't Be Guilty Of?
From OCDLA Library of Defense
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by: Ryan • May 5, 2016 • no comments
Yes, I think so. Today's Turnidge decision emphasized that at least some aggravated factors -- and perhaps all -- are "circumstances."
I have long argued that accomplices can't be guilty of crimes that require a circumstance. Often, they can only be guilty of lesser offenses which don't include the circumstance.
This is one of the consequences of the Lopez-Minjarez decision, which attorneys still aren't taking full advantage of.
Let me know if you need my materials on the topic.