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Univ. of San Diego School of Law

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Tuesday, January 11, 2011

Felony Murder and the Unsecured Load

Martin shaun My colleague, Shaun Martin, has a few things to say at his California Appellate Report Blog about this recent opinion from the intermediate appellate court:

Cole Wilkins sneaks onto a deserted construction site late at night, piles some construction materials (light fixtures, applicances, a sink, etc.) into the back of his truck, and leaves.  Four hours later, 60 miles from the scene of the deserted burglary, Wilkins is driving normally when one of the items accidentally falls off his truck.  A tractor-trailer swerves to avoid it, jackknifes, and turns over, trapping and killing a man in a vehicle next to the big rig.

So Wilkins is tried and convicted.  For first degree murder.  Forwhich he's sentenced to 25 years to life in prison.

. . .

If that's the law -- as indeed it is -- then the law is an ass.

http://lawprofessors.typepad.com/crimprof_blog/2011/01/felony-murder-and-the-unsecured-load.html

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Comments

"So Wilkins is tried and convicted. For first degree murder. Forwhich he's sentenced to 25 years to life in prison.

. . .

If that's the law -- as indeed it is -- then the law is an ass."

Harsh words, but indeed it must be wondered what role causation and remoteness have in law if these events are to be considered to be closely connected.

Posted by: Criminal Defence Lawyers Edinburgh | Jan 12, 2011 2:26:59 AM

You're making this up, right? What did the guy REALLY do--other than refuse to plead?

Posted by: Don Dripps | Jan 15, 2011 10:21:40 PM

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