Mental Illness Evidence Does Not Bear On Mens Rea

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Clark v. Arizona; The defendant appealed from his murder conviction, arguing that evidence of his mental illness should have been considered with regard to his ability to form the necessary mens rea.

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Commonwealth v. Mitchneck

Failing to pay money to a creditor under an agreement to pay the debt of another does not constitute fraudulent conversion, since the money at issue never belonged to the creditor; conversion novation.

The King v. Pear

If one rents property under false pretenses and fails to return it at the end of the lease time, and instead sells the property and keeps the money, he has committed a felony.

State v. Guthrie

First Degree Murder; intent to kill must last for more than an instant; murder in the first degree consists of an intentional, deliberate, and premeditated killing, which means that the killing occurs after a period of time of prior consideration.

People v. Howard

Felony murder; accidental death during police chase is not felony muder; but murder can be committed without malice if the killing occurs during the commission of an inherently dangerous felony.

Atkins v. Virginia

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

United States v. McDermott

A conspiracy requires a unity of unlawful purpose between two or more individuals.

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.

United States v. Thompson

Downward departure, under federal sentencing guidelines, courts may order a downward departure from the sentencing guidelines based on extraordinary family circumstances.

Liability For Ownership of Vicious Dogs

People v. Knoller; Malice, to satisfy the elements of second-degree murder, requires a defendant's awareness of the risk of death to another; objective; subjective.

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.

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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Mental Illness Evidence Does Not Bear On Mens Rea

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