Preview:

Rose Mary Fisher and Mary Utley v. State of Maryland, No. 113, September Term, 1999

Criminal Law -- Felony murder is a common law crime and is murder in the second degree when based on a felony that is not specified in the first degree murder statute. Felony

underlying second degree felony murder may be conduct now proscribed by statute (that is, it need not have been a common law felony), but underlying felony must be dangerous to life, either by the nature of the crime or the manner in which it was committed. Convictions of Statute

second degree felony murder based on violations of child abuse statute affirmed.

providing for increased sentence where child abuse results in death is a sentencing enhancement that does not abrogate second degree felony murder based on child abuse. The felony of child abuse does not require a specific intent to abuse. did not err in excluding proffered psychological profile evidence. Accordingly, the trial court

Circuit Court for Baltimore County Case No. 97 CR 3089

IN THE COURT OF APPEALS OF MARYLAND No. 113 September Term, 1999 _________________________________________ ROSE MARY FISHER and MARY UTLEY

v.

STATE OF MARYLAND _________________________________________ Bell, C.J. Eldridge Raker Wilner Cathell Rodowsky, Lawrence F. (retired, specially assigned) Bloom, Theodore G. (retired, specially assigned), JJ. _________________________________________ Opinion by Rodowsky, J. Bloom, J., concurs and dissents ________________________________________ Filed: December 17, 2001

We granted certiorari in this case in order to determine whether Maryland law recognizes the applicability, in any way, of the common law doctrine of felony murder to homicides committed in the perpetration of a felony other than one enumerated in the first degree murder statute, Maryland Code (1957, 1996 Repl. Vol.), Article 27,

Download Fisher and Utley v. State.pdf

Maryland Law