STATE OF MARYLAND v. TYSHON LETEEK JONES
Court of Appeals, Raker, Feb. 24, 2017,
Felony-Murder- “First-degree assault may not serve as a predicate for second-degree felony murder when that assault is not collateral to the lethal act.”
Overruling their 2005 decision in Roary
(Dissent- Greene, Watts and Battaglia- Court doesn’t have jurisdiction to reconsider Roary on interlocutory appeal. Also Roary was rightly decided.)
This made me realize the turnover in the Court of Appeals over the last 12 years. Of the Roary Court members, only Greene is still on the Court. Raker and Battaglia sit on this opinion Specially Assigned. Raker authored the dissent in Roary and both Battaglia and Greene joined the majority opinion. Here, their roles reverse.
The majority completes its holding by page 13, but then starts over again. Were there two law clerks competing to write the opinion and so they decided to stack their drafts?
Also- The opinion drops a footnote to describe what a hydra is and, for some reason, cites an Iowa federal court opinion. Because that’s who came up with it. Iowa.
Facts
In 2010, a man was “beaten, robbed, and shot by a group of men” in Montgomery County. The group surrounded the victim and began kicking and punching him after he refused to give up his backpack and necklace. After the victim was knocked to the ground, one of the assailants stood over him and shot him five times.
The State argued that Jones was in the group and either shot the victim after mistaking him for someone else or after the victim refused to give up his valuables.
The jury found Jones not guilty of first-degree premeditated murder, second-degree specific-intent murder, robbery with a dangerous weapon, and robbery.
The jury hung (could not come to a decision) on first-degree felony murder and use of a firearm in the commission of a crime of violence or felony.
On retrial, the State tried to change the underlying felony for the felony-murder charge from robbery to 1st-degree assault (since Jones had been found not guilty of the robbery).
In 2005, the Court of Appeals held that first-degree assault could provide the basis for felony-murder. They now change their mind.
In Roary, Roary and three friends chased the victim, Charles Banks, III, and then tripped, kicked, and dropped a boulder on his head twice We may have different definitions of the term “boulder.” For example: My definition of “boulder” might actually be ‘a rock that cannot be dropped twice on a person.’. In Roary, the Court held that “first-degree assault is a proper underlying felony to support a second-degree felony-murder conviction.”
Law from the Case
“First-degree assault may not serve as a predicate for second-degree felony murder when that assault is not collateral to the lethal act.”
Felony-Murder
Felony murder is charged where:
– Someone is killed during the commission or attempted commission of a felony.
– The death occurred “during the perpetration or in furtherance of the felony.”
Felony-Murder- Not all felonies automatically qualify for felony-murder. It only applies where “felonious conduct, under all of the circumstances, made death a foreseeable consequence.”
1st Degree Felony-Murder can be charged where the killing occurs in the perpetration of or an attempt to perpetrate certain felonies such as: arson, felony burglary, robbery, felony escape, rape, 1st/2nd degree sex offense, and several others.
Merger- If the assaultive act causing the injury is the same act that causes the victim’s death, the assault is merged into the murder and therefore cannot serve as the predicate felony for felony-murder purposes.
Retroactivity- The Court holds that this applies prospectively only.
Appeal- Double Jeopardy- Double jeopardy is appealable as an interlocutory appeal because it “involves a ‘right’ to avoid the trial itself“