Commonwealth v. Welansky

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Wanton or reckless conduct is intentional conduct, which may be either act of commission or omission when have duty to act, that involves high likelihood substantial harm will result to another. Involuntary manslaughter; manslaughter; willful.

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State v. Leidholm

battered-woman syndrome. In claim of self-defense, defendant conduct is evaluated according to what she in good faith honestly believed and had reasonable ground believe necessary protect defendant from death or great bodily injury.

Boro v. People

Consent to an act of sexual intercourse will bar prosecution for rape, even when consent was obtained by fraud, if victim knew that she was consenting to an act of sexual intercourse. Fraud in the factum; fraud in the inducement; prohibition.

Hines v. State

Felonies that create a foreseeable risk of death under the circumstances are inherently dangerous, justifying the felony-murder rule.

Atkins v. Virginia

The execution of a mentally retarded person is "cruel and unusual punishment" and therefore violates the Eighth Amendment.

United States v. Armstrong

In selective-prosecution claims based on race, in order to obtain discovery, the claimant must produce preliminary evidence that similarly situated offenders of a different race could have been prosecuted but were not.

Bordenkircher v. Hayes

It is not a vindictive exercise of a prosecutor's discretion, and therefore not a violation of due process, to reindict a defendant on more serious charges if the defendant does not plead guilty to the original offense charged.

Honest Services Fraud

United States v. Rybicki; To establish honest services fraud under 18 U.S.C. § 1346, the evidence must show (1) a scheme or artifice to defraud; (2) for depriving another ofhonest services...; bribery; conflict of interest; kickback; self-dealing behavior.

Exculpatory-No Doctrine

Brogan v. United States; A "false statement" under 18 U.S.C. § 1001 includes any false statement knowingly and willfully made within the jurisdiction of a federal agency, encompassing even a mere false denial of criminal wrongdoing.

Taylor Overruled

People v. Superior Court; doctrine of "nonmutual collateral estoppe" should not be applied in criminal cases.

Failure to Alleviate Risk

Commonwealth v. Levesque; criminal liability is possible for failure to alleviate risk that the defendant created.

Withdrawing From Complicity Requires Affirmative Act

State v. Formella; withrawal from consipiracy requires an affirmative act and communication to the other consipirators is helpful.

Probation for Corporate Defendants

United States v. Guidant; A term of probation is appropriate for corporate defendants to hold them accountable and serve the public interests.

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Commonwealth v. Welansky

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