Latest 3 Cases: State v. Craig (Criminal Law), State v. Lemmie (Criminal Law), State v. Randle (Education Law)

About Those Protests

JOSEPH MARGULIES

Cornell law professor Joseph Margulies comments on the protests that have erupted over COVID-19 restrictions. Margulies argues that because the state cannot (or will not) live up to its end of the social contract by committing to sustain people’s livelihood for the duration of the restrictions, the protests are morally legitimate.

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State v. Craig

Docket: 119660

Opinion Date: May 1, 2020

Judge: Dan Biles

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction and sentence for first-degree felony murder, holding that there was no error in the proceedings below. A jury found Defendant guilty of both first-degree felony murder and second-degree intentional murder. At sentencing, Defendant moved for a new trial and judgment notwithstanding the verdict, arguing that the jury must have had reasonable doubt on the first-degree felony murder theory because it convicted him of second-degree murder for the same killing. The district court dismissed the second-degree murder conviction and sentenced Defendant for the felony murder over his objection. The Supreme Court affirmed, holding (1) the district court did not err when it sentenced Defendant on felony murder instead of declaring a mistrial because Defendant did not establish that the jury failed to find each element of the felony murder beyond a reasonable doubt or that the jury's first- and second-degree murder verdicts were so irreconcilable as to require a new trial; and (2) the district court did not err in declining to give an instruction on voluntary intoxication.

State v. Lemmie

Docket: 119439

Opinion Date: May 1, 2020

Judge: Carol A. Beier

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's convictions of first-degree felony murder, aggravated robbery, conspiracy to commit aggravated robbery, criminal possession of a firearm, fleeing and eluding, and interference with law enforcement, holding that Defendant's arguments on appeal failed. Specifically, the Supreme Court held (1) any possible violation of Defendant's Fifth Amendment right in the admission of a witness's testimony about Defendant giving the witness phone passcodes was undoubtedly harmless; (2) the district court did not err by admitting hearsay statements as statements of a coconspirator and contemporaneous statements; (3) the State introduced sufficient evidence to convict Defendant of first-degree murder; and (4) the district judge did not abuse its discretion by admitting testimony that Defendant was upset over a meth pipe that went missing.

State v. Randle

Docket: 119720

Opinion Date: May 1, 2020

Judge: Dan Biles

Areas of Law: Education Law

The Supreme Court affirmed Defendant's conviction of first-degree murder and criminal discharge of a firearm, holding that Defendant's claims of trial error and challenge to his sentence were unavailing. Specifically, the Supreme Court held (1) the district court did not err in failing to give Defendant's requested jury instruction on unintentional but reckless second-degree murder as a lesser included offense of first-degree premeditated murder; (2) the district court did not err by allowing the State to introduce two out-of-court statements; (3) the district court did not err in allowing into evidence eight autopsy photos, a video, and two photos investigators took of Defendant at the time of questioning; and (4) the district court did not abuse its discretion in denying Defendant's motion for a departure sentence.