Rathbun v. McConnell

How courts have described this case

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

• stating that “what appears to have been a tactical decision * * * cannot now be converted into judicial error.”
• defendant followed wounded victim and fired second shot as he lay helpless on the ground
• defendant’s act of pursuing the victim who was already wounded and killing him with a bullet in the face went beyond the impulse of the moment to constitute prior calculation and design
• defendant’s act of pursuing the victim who was already wounded and killing him with a bullet in the face went beyond the impulse of the moment to constitute prior calculation and design
• “What appears to have been a tactical decision in this case during the trial [to not to try the case on the theory of or request an instruction on a lesser included offense] cannot now be converted into judicial error.”

Source: CourtListener parenthetical corpus (CC0).