Malice murder is a criminal offense in the U.S. state of Georgia, committed when a homicide is done with express or implied malice.
According to Georgia law, express malice is "that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof." Malice is implied when "no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart [AMH]." [1] The offense is similar to first-degree murder in other states. [2]
Diane Alexis Whipple was an American lacrosse player and college coach. She was killed in a dog attack in San Francisco on January 26, 2001. The dogs involved were two Presa Canarios. Paul Schneider, the dogs' owner, is a high-ranking member of the Aryan Brotherhood and is serving three life sentences in state prison. The dogs were looked after by Schneider's attorneys, Robert Noel and Marjorie Knoller, a husband and wife who lived in the same apartment building as Whipple. After the fatal attack, the state brought criminal charges against the attorneys. Noel, who was not present during the attack, was convicted of manslaughter. Knoller, who was present, was charged with implied-malice second-degree murder and convicted by the jury. Knoller's murder conviction, an unusual result for an unintended dog attack, was rejected by the trial judge but ultimately upheld. The case clarified the meaning of implied malice murder.
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.
Lee Arrendale State Prison of the Georgia Department of Corrections is a women's prison located in Raoul, unincorporated Habersham County, Georgia, near Alto, and in proximity to Gainesville. It houses the state death row for women.
Clinton Correctional Facility is a New York State Department of Corrections and Community Supervision maximum security state prison for men located in the Village of Dannemora, New York. The prison is sometimes colloquially referred to as Dannemora, although its name is derived from its location in Clinton County, New York. The southern perimeter wall of the prison borders New York State Route 374. Church of St. Dismas, the Good Thief, a church built by inmates, is located within the walls. The prison is sometimes referred to as New York's Little Siberia, due to the cold winters in Dannemora and the isolation of the upstate area. It is the largest maximum-security prison and the third-oldest prison in New York. The staff includes about 1,000 officers and supervisors.
This is a list of notable overturned convictions in the United States.
Channon Gail Christian, aged 21, and Hugh Christopher Newsom Jr., aged 23, were from Knoxville, Tennessee, United States. They were kidnapped on the evening of January 6, 2007, when Christian's vehicle was carjacked. The couple were taken to a rental house. Both of them were raped, tortured, and murdered. Four males and one female were arrested, charged, and convicted in the case. In 2007, a grand jury indicted Letalvis Darnell Cobbins, Lemaricus Devall Davidson, George Geovonni Thomas, and Vanessa Lynn Coleman on counts of kidnapping, robbery, rape, and murder. Also in 2007, Eric DeWayne Boyd was indicted by a federal grand jury of being an accessory to a carjacking, resulting in serious bodily injury to another person and misprision of a felony. In 2018, Boyd was indicted on state-level charges of kidnapping, robbery, rape, and murder.
Kenneth Eugene Foster Jr. is a prisoner formerly on death row in Texas, convicted under the Texas law of parties. At 19 years old, he was convicted of murdering Michael LaHood Jr. on August 15, 1996 at 2:46 a.m., despite not firing a shot. On that same night, Foster, along with three of his friends, Julius Steen, Mauriceo Brown, and Dwayne Dillard, were driving around San Antonio committing armed robberies. Eventually, the group found LaHood outside his parents' home. From there, Mauriceo Brown allegedly exited the car and killed him with a shot to the head. Foster's conviction and death sentence were contested because he was convicted under the law of parties, not for physically committing the crime.
Capital punishment in Connecticut formerly existed as an available sanction for a criminal defendant upon conviction for the commission of a capital offense. Since the 1976 United States Supreme Court decision in Gregg v. Georgia until Connecticut repealed capital punishment in 2012, Connecticut had only executed one person, Michael Bruce Ross in 2005. Initially, the 2012 law allowed executions to proceed for those still on death row and convicted under the previous law, but on August 13, 2015, the Connecticut Supreme Court ruled that applying capital punishment only for past cases was unconstitutional.
Ryan Joseph Holle is an American convict found guilty in 2004 of first-degree murder under the felony murder rule for lending his car to a friend after the friend and others at a party discussed their plans to steal drugs and money and beat up the 18-year-old daughter of Christine Snyder. A former resident of Pensacola, Florida, United States, he served a sentence of 25 years at the Marion Correctional Facility after his life without the possibility of parole sentence was commuted by Governor Rick Scott.
Stephen Anthony Mobley was a convicted murderer executed by the State of Georgia for the 1991 killing of John C. Collins, a 25-year-old college student working nights as a Domino's pizza store manager. On appeal, Mobley's attorneys advanced a novel argument that Mobley was genetically predisposed to seeking violent solutions to conflict. The case was described by Nature Reviews Neuroscience as "perhaps the most widely cited case in which defence lawyers used genetic factors in the defence of their client".
Opened in 1969, Georgia Diagnostic and Classification Prison (GDCP) is a Georgia Department of Corrections prison for men in unincorporated Butts County, Georgia, near Jackson. The prison holds the state execution chamber. The execution equipment was moved to the prison in June 1980, with the first execution in the facility occurring on December 15, 1983. The prison houses the male death row, while female death row inmates reside in Arrendale State Prison.
Capital punishment was abolished in Colorado in 2020. It was legal from 1974 until 2020 prior to it being abolished in all future cases.
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb..." The four essential protections included are prohibitions against, for the same offense:
In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.
The FEAR militia was an American terrorist group of between four and eleven individuals that the State of Georgia alleged in 2012 to have planned to destroy a dam and poison apple orchards in Washington State, set off explosives in Forsyth Park in Savannah, Georgia, and assassinate President Barack Obama. Four of the individuals charged were soldiers stationed at Fort Stewart, Georgia. The group killed two people in an attempt to prevent them from revealing their plans to the public. The group used the Army to recruit militia members, who wore distinctive tattoos that resemble an alpha and omega symbol.
Kelly Renée Gissendaner was an American woman who was executed by the U.S. state of Georgia. Gissendaner had been convicted of orchestrating the murder of her husband, Douglas Gissendaner. At the time of the murder, Gissendaner was 28, and her husband was 30. After her conviction, and until her execution, Gissendaner was the only woman on death row in Georgia.
Cooper Harris was a 22-month-old toddler who died of hyperthermia on June 18, 2014, in Vinings, Georgia. His father, Justin Ross Harris ("Ross"), had left him strapped in the rear-facing car seat of his SUV, where the toddler remained for approximately seven hours. Ross was arrested and charged with his son's death, which he called a tragic accident. After a jury trial that garnered national media attention, he was found guilty of malice murder and felony murder, among other charges, on November 14, 2016. He was sentenced to life in prison without the possibility of parole plus 32 years. In 2021, the Harris case was the subject of a documentary, Fatal Distraction.
On February 23, 2020, Ahmaud Arbery, a 25-year-old Black man, was murdered during a racially motivated hate crime while jogging in Satilla Shores, a neighborhood near Brunswick in Glynn County, Georgia. Three white men, who later claimed to police that they assumed he was a burglar, pursued Arbery in their trucks for several minutes, using the vehicles to block his path as he tried to run away. Two of the men, Travis McMichael and his father, Gregory McMichael, were armed in one vehicle. Their neighbor, William "Roddie" Bryan, was in another vehicle. After overtaking Arbery, Travis exited his truck, pointing his weapon at Arbery. Arbery approached Travis and a physical altercation ensued, resulting in Travis fatally shooting Arbery. Bryan recorded this confrontation and Arbery's murder on his cell phone.
Murder in Florida law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Florida.
Murder in Georgia law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Georgia.