Deutsche Bank Natl. Trust Co. v. LoPresti

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “[a]n instruction on felony-murder in the second degree is required only when there is a rational basis in the evidence to warrant the instruction”
• describing second-degree felony-murder as “requir[ing] the jury to find” both the predicate felony’s maximum penalty and that the felony was inherently dangerous
• analyzing intent of underlying felony, * armed robbery, to determine whether merger applies
• to establish joint venture in armed robbery prosecution, Commonwealth must prove defendant knew joint venturer was armed with weapon during commission of crime
• “[w]e can envision no situation in which an armed robbery would not support a conviction of felony-murder”
• armed robbery does not merge with killing because underlying purpose of armed robbery is to steal, which is independent of intent to harm victim

Source: CourtListener parenthetical corpus (CC0).