Brief Fact Summary.
Moose appealed a first degree murder conviction claiming that he didn’t intend to shoot or kill anyone after murdering an African American for his poor driving.
Synopsis of Rule of Law.
A defendant can be convicted of first-degree murder when the defendant intends and premeditates to kill another individual.
Moose murdered Connelly, an African-American, after he had been drinking all day and Connelly exhibited poor driving on the highway. Moose claimed that he didn’t intend to shoot anyone or even kill anyone. Moose was convicted of first-degree murder and sentenced to death. Moose appealed to the state supreme court.
Whether Moose can be convicted of the premeditation element in first-degree murder if he was drunk and the events leading to the murder were short in duration?
Yes. Moose’s conviction should be upheld and remanded for resentencing. Moose premeditated his actions and intended to kill Connelly because Moose premeditated that he would shoot towards Connelly’s car.
We have previously stated that an inability to control one's temper is neither mental nor emotional disturbance as contemplated by this mitigator.View Full Point of Law
(Martin, J.) Moose’s conviction and death sentence should be upheld because Moose committed a heinous murder with racial undertones.
A defendant may be convicted of first-degree murder if he premeditated his actions and intended to kill another party. Even if a defendant is drunk, the defendant is responsible for his actions. A defendant may only be sentenced to death if the crime was heinous enough to warrant capital punishment.