Homicide

Front 1

CL Capital Murder

Back 1

Any unlawful killing

Front 2

TPC Capital Murder

Back 2

19.03
19.02b1 murder PLUS
1. D Ks vic = cop/FF in off cap.
2. hard core felony
3. escapes from prison
4. murder for hire
5. murder more than one
6. kid younger than 6
7. etc.

Front 3

CL Murder

Back 3

1. unlawful
2. killing
3. HB
4. w/ malice aforethought

Front 4

CL Malice Quartet

Back 4

1. I to kill, no HOP
2. I to cause SBI, no HOP
3. DH/EIHL
...a. most courts require subjective SOM (conscious disreg high prob) and not merely act that allows inference)
4. F/M

Front 5

TPC Murder

Back 5

19.02b1 (first deg felony)
1. I/K
2. cause death
3. HB (incl fetus)

OR

Commits or attempts to commit a felony and causes death

Immediate influence of sudden passion=redux to 2nd degree

Front 6

MPC Murder

Back 6

210.2(1)(a) P/K murder
1. I/K
2. cause death
3. HB

or R manif EIHL (requires subjective awareness)

Front 7

Deliberate

Back 7

Consider consequences w/ coolness (shortly before act)

Front 8

Premeditated

Back 8

Design formed in mind by time of act, such as:
1. prior relationship
2. acquire weapon, threats
3. xport victim to sec location
4. evidence of prior plan
5. subseq conduct
6. no provocation by victim

Front 9

Neitzel Factors

Back 9

manifestion EIHL:

utility of conduct
magnitude of risk
D's knowledge of risk
precautions taken to minimize

Front 10

CL Depraved Heart Murder

Back 10

Implied malice aforethought when circumstances show "abandoned and malignant heart"

Reckless to entire world (R to individual starts to look like I/K murder)

Front 11

TPC Depraved Heart Murder

Back 11

19.02b2
Knowingly-> aware that his conduct is reasonably certain to cause the result....

This is read into the Knowing/Intentional cause death of HB under 19.02 murder

Front 12

MPC Depraved Heart Murder

Back 12

210.2(1)(b)
1. R
2. Cause death
3. under circs manif EIHL
4. of HB

**Presumed if
1. flight from robbery, rape, dev SI, burglary, KN, escape

Front 13

(NEW) CL Felony Murder

Back 13

1. Causing death
2. Any act
3. In course of felony

Front 14

TPC Felony Murder

Back 14

19.02 b 3
1. commits/atts PF (not MS)
2. in course of and furth of PF/att/flight
3. commits act cl. dang to HL
4. result->death of indiv

ONLY MS and LIOs merge

Front 15

MPC Felony Murder

Back 15

210.2-1-b
presumes EIHL if certain F in progress; No true FM in MPC

Policy: can't be applied fairly

Front 16

Limits on Felony Murder

Back 16

1. Duration
...a. PF continuing, not complete
...b. not reached safe haven

2. Actual and prox cause
...a. D direct cause (no interv act)
...b. interv. cause = supercede?
........foreseeable?
........resp. or indep.?
........vol human interv?

3. Apparent safety doctrine

Front 17

Felony Murder alternatives in agency jurisdiction

Back 17

1. Shield cases
2. Provocative Act
3. Wanton murder

Front 18

Felony Murder policy justifications

Back 18

1. Careful felons
2. Deterrence of predicate felony
3. Society wants retribution

Front 19

Inherently dangerous felony rule

Back 19

Minority: dangerous in the abstract

Majority: specifically dangerous in the situation (as committed)

Front 20

Felony murder responsibility for others

Back 20

Proximate cause: objectively foreseeable illegal death

Agency: only responsible for the acts of your cofelons

Front 21

Texas LIO statute for FM

Back 21

1. same or less than facts required for charged offense
2. differs from offense charged only insofar as a less serious injury
3. differs from charged offense only insofar as lesser MR
4. consists of an attempt to commit offense charged

Front 22

Texas Agg MS and FM

Back 22

doesn't merge: see Lawson v State

Front 23

Texas Injury to a Child and FM

Back 23

doesn't merge: see Johnson v. State

Front 24

Lomax

Back 24

Third DWI is felony, and TX says can be predicate F for FM killing 5 yo while intox

Front 25

CL Voluntary MS

Back 25

"HoP killing"
1. unlawful (intentional)
2. homicide
3. w/o M/A (w/mit circums)
...a. adequate prov->HoP in RP
...b. D acts as result of HoP
...c. No cooling off
...d. Prov from vic & causes killing

Front 26

CL Provocation (adequate/inadequate)

Back 26

Adequate:
1. mutual combat
2. illegal arrest
3. observe infidelity
4. Violent crim vs. relative

Inadequate:
1. Words alone
2. Civil trespass
3. Intox
4. Mental disease

Front 27

TPC HoP Killing

Back 27

19.02(d) Penalty phase
1. Murder under 19.02
2. caused death under imm infl
3. of sudden passion
4. arising from adequate cause (like CL)----->2d Felony

Front 28

MPC Manslaughter

Back 28

210.3-1-b
1. Homicide otherwise murder
2. Under EED
3. Reas. expl/excuse for EED

REASON EVAL from D's POV
1. Reas MoF allowed
2. dim cap relevant
3. deliberately vague (arouse symp in ordinary person)

Front 29

Reckless killing at CL

Back 29

"Invol MS"
1. killing in course of unlawful act (misd)
2. killing in the course of lawful act in unlawful manner, or w/o due caution

Front 30

Negligent killing at CL

Back 30

Invol. MS
usually not brought unless "close" to R (e.g. gross neg)

Front 31

TPC Reckless killing

Back 31

19.04 MS (2deg felony)
1. R
2. cause death
3. HB (incl fetus)

Front 32

TPC Negligent killing

Back 32

19.05 Crim N Hom (SJF)
1. cause death
2. HB (incl fetus)
3. by crim N

Front 33

MPC Reckless killing

Back 33

210.3-1-a MS (2 deg F)
1. R
2. Cause death
3. HB

Front 34

MPC Negligent killing

Back 34

210.4 Neg Hom (3deg F)
1. N
2. cause death
3. HB

Front 35

Fetus killing at CL

Back 35

Not unless born alive and then dies

Front 36

When does death occur in homicide cases?

Back 36

Traditional: heartbeat cessation

Modern: absence of brain activity

CL: year and a day later not dead, not a murder

No longer: tech "advanced enough" to determine cause of death even later

Front 37

Felled Victim theory

Back 37

at CL, successive bullets = enough time to develop premeditation