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To: Conscience of a Conservative
...he probably can’t be charged with felony murder, since the resulting fight/shooting did not occur during the robbery or during the immediate flight therefrom.

A couple of questions: first,are you a lawyer? If you are would you care to comment on my post #65? And also,if you are,could you define the word "immediate" when used in "immediate flight therefrom"?

If you're not a lawyer...well,your opinion means no more,and no less,than mine (and I ain't no lawyer).

70 posted on 08/29/2014 8:10:28 AM PDT by Gay State Conservative (Rat Party policy;Lie,deny,refuse to comply)
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To: Gay State Conservative

I am a lawyer, though not a Missouri lawyer, so my opinion still means no more, and no less, than yours on this point.

Immediate flight (in most jurisdictions) typically refers to the period between when the alleged perp leaves the crime scene, until the perp reaches a “place of safety.” It’s a highly fact-specific, case-by-case determination, but I think it would be difficult to argue that he was still in “flight” from the robbery some ten minutes later, calmly walking down the street and not being pursued by anyone.

Re: point 65, I have no knowledge of the Missouri rules of evidence, so I couldn’t even begin to speculate on whether the juvenile record would be admissible in a potential prosecution of Wilson. In many jurisdictions, it would be (evidence of prior bad acts are often admissible to show that an alleged victim was in fact the aggressor), but again, I have no idea how Missouri handles this (or how they handle sealed juvenile records, etc.).


83 posted on 08/29/2014 8:37:55 AM PDT by Conscience of a Conservative
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