Supplementary Cases in Criminal Law

People v. Decina (page 139, note 6)

Decina had an epileptic seizure while driving. As a result, he struck and killed four people. He
was convicted after the court found that he operated the motor vehicle despite knowing that his
medical condition might cause an accident.

Powell v. Texas (page 143, note 4)

Powell, an alcoholic, was convicted for being drunk in a public place. The court distinguished
his case from Robinson v. California on the ground that Powell was being convicted for a particular
instance of intoxication rather than the mere status of being an alcoholic.

Pottinger v. City of Miami (page 144, note 4)

The court found that Miami authorities could not harass homeless persons because
homelessness was a “status” in the same way as addiction.

Montana v. Egelhoff (page 256)

The State of Montana abolished the defense of voluntary intoxication.

Porter v. State (page 398, note 8)

Porter was acquitted of manslaughter despite having caused a fatal car accident after running a
red light. The judge found that the “momentary lapse of attention” that caused the crash was
insufficient to support a finding of gross negligence.

Commonwealth v. Malone (page 404, note 4)

Malone was convicted of a “depraved indifference” murder after he killed a friend during a game
of Russian roulette.

People v. Suarez (page 409, note 8)

The court held that “depraved indifference” murders were generally restricted to scenarios where
the perpetrator recklessly imposed the risk of death on many people simultaneously. The court,
however, observed that a one-on-one killing may amount to a “depraved indifference” murder
where the perpetrator places the victim in circumstances that are likely to result in the victim’s
death.
Commonwealth v. Dorazio (page 408, note 8)
Dorazio was convicted of second-degree murder after the court found that his fists could qualify
as a “deadly weapon.”

People v. Washington (page 430, note 4)

The court held that the felony-murder rule did not apply to a death resulting from the defensive
action of a robbery victim. The court observed that no “malice aforethought” was attributable
to the robber.

Taylor v. Superior Court (page 432, note 7)

The felony-murder rule was used to hold the wheelman in a robbery liable for the death of a
robber. The deceased robber was killed after a second robber provoked the defensive gunfire of
a victim.

Atkins v. Virginia (page 491)

The Supreme Court held that Atkins could not be executed because he was mentally retarded.
The Court found that such an execution would run afoul of the Eighth Amendment prohibition
on cruel and unusual punishment.

Roper v. Simmons (page 491)

The Supreme Court forbade the execution of Roper on account of his being a minor at the time
he committed premeditated murder.

Gains v. State (page 728, note 6)

The court found that a man who had driven three acquaintances away from the scene of a
robbery was not an accomplice to the robbery because he evidently did not know that any crime
had occurred until after the robbery was complete.

People v. Kessler (page 751, note 4)

Kessler, who drove two companions away from the scene of a burglary, was found to be an
accomplice to a murder convicted during the burglary. The court found that Kessler, having
taken part in the burglary, was liable for additional crimes committed during the burglary.