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Defendant Convicted of First Degree Murder Has Sentence Overturned Based on Insufficient Evidence

By Walin & Klarich

Why You Need an Experienced Criminal Defense Lawyer on Your Side The Ninth Circuit Court of Appeals recently overturned a first degree murder conviction in US v. Begay (2009 DJDAR 7955). Begay was convicted of two counts of first degree murder and two counts of using a firearm during a crime of violence. The District Court imposed mandatory concurrent life sentences for each murder conviction as well as 35 years for the firearm convictions. However, the Ninth Circuit overturned the first degree murder convictions on the ground that the government failed to introduce evidence sufficient to show premeditation?an essential element of first degree murder. The Begay court outlined premeditation as requiring a showing that the defendant had the time to reflect on the decision to commit murder, that he in fact did reflect on that decision, and that he committed the murder with a ?cool mind? after having engaged in such reflection...continue to full post

Full post as published by Southern California Criminal Defense Blog on September 27, 2009 (boomark / email).