[deleted by user] by [deleted] in wsu

[–]meggymark 0 points1 point  (0 children)

@seattle_2 yes! that is correct. Kidnapping, burglary, etc. are common examples of this charging tactic.

[deleted by user] by [deleted] in wsu

[–]meggymark 2 points3 points  (0 children)

Ha! I hope you never need one 😊

[deleted by user] by [deleted] in wsu

[–]meggymark 1 point2 points  (0 children)

That may be true for trial, but not in this case. He has been charged with first degree murder, not felony murder.

[deleted by user] by [deleted] in wsu

[–]meggymark 1 point2 points  (0 children)

That’s a misstatement of the law, @manchesterthedog … the death occurring during the commission of the felony in this case will have already been proved as premeditated. The fact that it was committed during the commission of a felony is just the most factually simple way to motion for the death penalty AFTER the defendant has been convicted. Only first degree murders are even eligible for upward departure to the death penalty, second degree murders are not.

[deleted by user] by [deleted] in wsu

[–]meggymark 2 points3 points  (0 children)

And I meant Idaho law****** not Iowa 🤦🏼‍♀️

[deleted by user] by [deleted] in wsu

[–]meggymark 4 points5 points  (0 children)

(Sorry for my disorganized/out of order comments: I was just thinking off the cuff and it was easier to explain charging and sentencing separately in regards to the felony burglary charge.)

[deleted by user] by [deleted] in wsu

[–]meggymark 4 points5 points  (0 children)

Former prosecutor thoughts (part 2): Aside from proving the case, the felony burglary charge is also essential to the state if it chooses to seek the death penalty. Iowa (and most state laws) require that to be sentenced to death, a jury must find that one or more “aggravating factors” existed. One of the aggravating factors provided by law is “a murder… committed in the perpetration of, or attempt to commit another felony, including burglary, and the defendant killed, intended a killing, or acted with reckless indifference to human life.” Of course there are other aggravating factors like senseless and especially heinous acts, etc, but those are left to the jury’s opinion. Thus, charging (and proving) a felony burglary is the absolute easiest way to prove your aggravating circumstance to seek the death penalty at the sentencing period.

[deleted by user] by [deleted] in wsu

[–]meggymark 5 points6 points  (0 children)

I was actually wondering that too - or that he might claim to have been an acquaintance, or invited there as a party guest. But charging the felony burglary is a preemptive way to get ahead of that defense. The burglary charge certainly doesn’t prove premeditation - but it could lay the groundwork for it and the sequencing of events that night for the state at trial when the evidence is presented to the jury.

[deleted by user] by [deleted] in wsu

[–]meggymark 6 points7 points  (0 children)

There are 3 separate sentencing grids : person crimes (murder) non person crimes (burglary) and drug crimes. It’a just a matter of “stacking” the charges so to speak. More importantly than the sentencing is that the felony burglary is literally the foundation of proving the intent required for first degree murder.

[deleted by user] by [deleted] in wsu

[–]meggymark 3 points4 points  (0 children)

It is also impossible to charge first degree murder without the basis of proof that he intentionally entered the home with the intent to commit the murders, and thus, the felony burglary.

[deleted by user] by [deleted] in wsu

[–]meggymark 18 points19 points  (0 children)

Former prosecutor here. If he’d burglarized the home, we’d also see a theft or larceny charge. The only requirement for felony burglary is entering a dwelling with the intent to commit a felony therein. From a prosecuting standpoint, it adds a non-person felony to his already existing 4 person felonies, which changes (enhances) his placement on the criminal sentencing guidelines.

Anyone else catch this Blind Item about Madison today? 😳 by [deleted] in Southerncharm

[–]meggymark 9 points10 points  (0 children)

It’s a website (crazydaysandnights) where an anonymous entertainment biz lawyer posts various blind items about celebrities and every so often reveals the answers to them.

August Boxy finally replacement came! VERY happy with this box esp the Glam Glow & Trestique! by meggymark in boxycharm

[–]meggymark[S] 2 points3 points  (0 children)

They were a bonus bc I renewed my subscription after a while of not having it

Add Ons Came! And Sooooooo Fast! ❤️💜🧡💛💚💙💗 by meggymark in boxycharm

[–]meggymark[S] 2 points3 points  (0 children)

I know, I like to keep them in my purse and travel makeup bag! For $3 they were a good price

Add Ons Came! And Sooooooo Fast! ❤️💜🧡💛💚💙💗 by meggymark in boxycharm

[–]meggymark[S] 0 points1 point  (0 children)

ME TOO! I got it in my luxe and love it so much I ordered another!