Argument: September 2010

Keywords: Criminal Law - Criminal Procedure - Lesser Included Offense - Murder

Question Presented: Whether a defendant is entitled to an instruction on the lesser included offense of manslaughter, if a conviction on that offense is barred by the statute of limitations.

Facts: The defendant, Margaret Earle, appeals from her second degree murder conviction following the death of her 20-month-old daughter. The evidence showed that the child had been stomped on by Earle …

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Argument: April 8, 2010 (reserve)

Keywords: Criminal Law - Criminal Procedure - Jury Instructions - Lesser Included Offense

Question Presented: Whether a defendant may be retried on the lesser included offense of assault with a deadly weapon, where the jury should not have been instructed on that offense in the first trial.

Facts: The defendant and a motorcyclist, Frank Merlonghi, shouted threats and obscenities at each other while driving down a two-lane road. At one point the defendant removed his service firearm (he …

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