Quote:
Originally Posted by DMN
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Those are the agreed upon instructions for the jury, however i wasn't asking about Chauvin. The chauvin prosecution simply selected the easiest underlying potential felony to prove in their case, to essentially Trojan Horse in a murder conviction. I asked you about Noor and Potter, though, and why they weren't similarly charged.
The second degree murder statute says that if any felony is committed and the victim dies, it immediately qualifies as murder two. There are no other qualifiers for this, other than some incredibly bizarre exceptions for sexual assault and drive-by-shootings.
"(1) causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting"
It wouldn't surprise me if this statue gets eviscerated in appeals court either, but it's really beside the point regarding Noor and Potter.
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I gave my answer -- Potter doesn't appear to be guilty of the felony (assault) that predicated Chauvin's felony murder charge, and I'm not commenting on Noor because I don't remember the case.
As far as I can tell using second degree manslaughter as the predicate felony for felony murder is not done, despite the lack of mention in the statute. If you manage to find an example of it being used that way or something prohibiting that use let me know. Now I'm curious.