richard09
Posts : 4255 Join date : 2013-01-16
| Subject: Why Is a Florida Man Facing Life in Prison For Lending a Friend His Car and Going to Sleep? Mon Apr 14, 2014 11:41 am | |
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NoCoPilot
Posts : 20293 Join date : 2013-01-16 Age : 70 Location : Seattle
| Subject: Re: Why Is a Florida Man Facing Life in Prison For Lending a Friend His Car and Going to Sleep? Mon Apr 14, 2014 3:18 pm | |
| - Quote :
- Balko’s post makes it sound like this fellow simply lent his car to some people, without any idea that they were going to go commit a burglary or hurt anyone.
But when you read the article linked in Balko’s post, you learn that not only had Holle “given the police a series of statements in which he seemed to admit knowing about the burglary” before lending the burglars the car, but he also “did testify that he had been told it might be necessary to ‘knock out’ Jessica Snyder.”
Instead of merely knocking her out, the burglars knocked her dead. This sounds like it was foreseeable to Mr. Holle, who knew the burglars were contemplating a burglary with possible violence involved.
Holle now claims he thought the burglars were joking when they talked about the burglary they were going to commit. But a jury convicted Mr. Holle, meaning they didn’t believe that. I’m viewing the facts in the light most favorable to the prosecution’s position, just as an appellate court will. The jury’s verdict necessarily means they believed Holle knew about the planned burglary in advance.
In other words, Mr. Holle didn’t just lend his car to some buddies. He lent his car to some people who said they were going to use it to drive to do a burglary, during the course of which they might “knock out” the victim. http://patterico.com/2007/12/06/another-misleading-attack-on-the-felony-murder-rule/ |
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_Howard Admin
Posts : 8734 Join date : 2013-01-16 Age : 79 Location : California
| Subject: Re: Why Is a Florida Man Facing Life in Prison For Lending a Friend His Car and Going to Sleep? Mon Apr 14, 2014 4:31 pm | |
| Also from Balko's post: "the guy also said he was drunk, and thought his friends were joking"
The Felony Murder rule, like the Three Strikes rules, has always bothered me. When you consider that District Attorneys want to make as many big convictions as possible for the furtherance of their political careers - regardless of the validity of the convictions - nothing good can come of it.
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NoCoPilot
Posts : 20293 Join date : 2013-01-16 Age : 70 Location : Seattle
| Subject: Re: Why Is a Florida Man Facing Life in Prison For Lending a Friend His Car and Going to Sleep? Mon Apr 14, 2014 4:37 pm | |
| I was surprised to discover the defendant was white. |
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_Howard Admin
Posts : 8734 Join date : 2013-01-16 Age : 79 Location : California
| Subject: Re: Why Is a Florida Man Facing Life in Prison For Lending a Friend His Car and Going to Sleep? Mon Apr 14, 2014 4:42 pm | |
| You got to be kidding! A white defendant in Florida? Are you sure he wasn't a black albino?
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| Subject: Re: Why Is a Florida Man Facing Life in Prison For Lending a Friend His Car and Going to Sleep? | |
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