Michael John Evanchyk, Jr., Petitioner-Appellee-Cross-Appellant v. Terry Stewart Janet Napolitano, Respondents-Appellants-Cross-Appellees

How courts have described this case

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

• holding that, under Arizona law, one cannot conspire to commit felony murder
• holding conspiracy to commit murder requires an intent to kill and, therefore, felony murder may not be the predicate offense for a conspiracy conviction
• noting that the Arizona Supreme Court responded to certified question that intent to kill is an essential element of the offense of conspiracy to commit first degree murder
• noting that under Arizona state law, proof that the defendant had no more than the requisite intent to aid, promote, or commit the underlying felony is insufficient to convict of conspiracy to commit first- degree murder, which requires the specific intent to kill
• “It is a violation of due process for a jury instruction to omit an element of the 6 crime.”
• “It is a violation of due process for a 23 jury instruction to omit an element of the crime.”

Source: CourtListener parenthetical corpus (CC0).