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Supreme Court of Colorado· 3/9/1981

People v. Marcy

Citations

  • 628 P.2d 69
  • 1981 Colo. LEXIS 618

How courts have described this case

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

  • holding that the statutory definition of extreme indifference murder violated equal protection because it was indistinguishable from the lesser offense of second degree murder
  • holding that the statutory definition of extreme indifference murder violated equal protection because it was indistinguishable from the lesser offense of second degree murder
  • noting that “equal protection of the laws is violated if different statutes proscribe the same criminal conduct with disparate criminal sanctions.”
  • pointing out that the minimum requirements for criminal liability in Colorado are an “unlawful act” or the “actus reus” and a “culpable mental state” or “mens rea”
  • finding equal protection violation where \the crime of first degree murder by extreme indifference [was] not sufficiently distinguishable from second degree murder to warrant the substantial differential in penalty authorized by the statutory scheme\
  • finding equal protection violation where “the crime of first degree murder by extreme indifference [was] not sufficiently distinguishable from second degree murder to warrant the substantial differential in penalty authorized by the statutory scheme”

Source: CourtListener parenthetical corpus (CC0).

Judges: Quinn, Rovira

Read full opinion on CourtListener

Cited by

113 cases in this archive cite this case; the 20 most cited are listed.

Cites

49 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named People v. Marcy

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.