Felony Murder

What an ‘Improper Inducement’ Is and What You Can Do If the Police Used It to Get You to Make a Self-Incriminating Statement in Maryland

May 20, 2020 | by Anthony A. Fatemi, LLC

We’ve almost all seen it on TV. The police obtain a criminal suspect and place her in interrogation. Once there, the police use a full array of tactics, from encouragement to intimidation to empathy, seeking to get the testimony they need. Because the police officers are often the beloved stars of the show, the techniques they use almost end up being proper and permissible. In real life, it’s more complicated. Sometimes, the police may say things the law considers to be an “improper inducement.” When you can show that that happened to you, it may help you get potentially damaging evidence excluded from your case. Of course, the best way to ensure you are not being lured by police to make an incriminating statement in an interrogation setting is to make sure you have an experienced Maryland criminal defense attorney by your side before you say anything to the police.

A.H. was a woman caught in that kind of situation as a suspect in a murder case. While questioning A.H., Baltimore police told the woman many things, including that “honesty is the best policy” and that “this is the honesty you need to stay with to stay out of big trouble.” The police also told her that she was “either going to be a witness or… a defendant,” but that if the woman was “straight up” then “we’ll work with you.”

At that point, A.H. revealed that she was a sex worker who was on an appointment with the victim at the time of the murder. A.H.’s crack dealer, E, instructed her to take the appointment and to “leave the door unlocked.” Because she feared E and because she thought E and his partner would, at most, beat up the victim, A.H. did as she was told. The victim ultimately died of multiple stab wounds. Based on A.H.’s statements, the state went to trial against her on robbery and homicide charges.

A Baltimore Man Receives a Second Chance After Getting Sentenced for a Crime that Should Have Been Merged

January 10, 2019 | by Anthony A. Fatemi, LLC

In any criminal case, there are varying forms of success. Obviously, the primary target the defendant seeks is an acquittal. However, even if the result of a trial is a conviction, there are still battles to be won, such as ensuring that your case does not result in you receiving a sentence that is illegally severe. Whether you are at the point of battling for an acquittal or battling for a fair sentence, you need an experienced Maryland criminal defense attorney who knows how to fight for you.

The case of K.V. shows how important this can be. K.V. was a man on trial for multiple felonies based upon events that occurred when K.V. was 17 years of age. Allegedly, K.V. was a member of a group that carjacked a 26-year-old man in Baltimore. K.V. was the member who took the wheel of the stolen car. With K.V. behind the wheel, others took the vehicle owner and put him in the car’s trunk, where they reportedly shot him five times. Later, the group set the car on fire.

Of the numerous criminal charges that K.V. faced, two were kidnapping and armed carjacking. The accused was eventually found guilty on all charges and the trial judge issued separate sentences for each of the crimes involved.

How Erroneous Jury Instructions on a Maryland Murder Charge Can Taint an Entire Case and Lead to a Reversal of All Convictions

February 9, 2018 | by Anthony A. Fatemi, LLC

There are several different ways that a defendant can be convicted of murder in Maryland. One of these is for the state to prove beyond a reasonable doubt that the accused committed intentional murder. An alternative avenue does not require the state to prove this level of intent. It only requires that the prosecution show that the accused intended to commit another crime and that a death occurred in the process of that activity. This is called “felony murder.” There are ways to defend against a charge of felony murder, some of which involve utilizing a detailed knowledge of the law. This is yet another example of how your case can benefit from the skills of a knowledgeable Maryland homicide defense attorney.

One recent case involved a defendant, Sean, who was facing a felony murder charge. The death took place after the end of a party at the home of a man named Charles. Charles, TJ, Gary, Sean, and Chucky had been partaking of drugs and alcohol at the party. After the party ended, a dispute occurred between Chucky and Sean regarding a bag of cocaine. That dispute eventually led to a shooting outside Sean’s home.

Some time later, Sean brought Chucky to a fire station. Chucky had a gunshot wound to the temple. The volunteer fire fighters tried to save Chucky’s life, but they were not successful.

Maryland Court Reviews Allegations of an “Illegal Sentence” in Criminal Case

January 22, 2016 | by Anthony A. Fatemi, LLC

Depending on the facts of a criminal case, a person may invoke any number of claims to overturn his or her conviction. For one, under Maryland law, a defect in the return of a jury verdict could render a conviction illegal and therefore a nullity. But understanding the situation under which such a claim might be viable and successful is a significant part of the post-conviction relief process. An experienced criminal defense attorney from Maryland would be able to assess your case in order to determine whether you would be able to challenge a conviction.

Under Maryland Rule 4-345(a), a court has the authority to correct an illegal sentence at any time. This refers to a situation in which no sentence or sanction should have been imposed, which includes a verdict of conviction that has not been finalized properly. Article 21 of the State’s Declaration of Rights in its Constitution provides that every person is entitled to a speedy trial by an impartial jury, “without whose unanimous consent he ought not to be found guilty.” Essentially, this means that a jury’s verdict must be unanimous in order to sustain a criminal conviction.

Maryland Court Rejects State’s Effort To Retry Second-Degree Felony Murder Charge

May 11, 2015 | by Anthony A. Fatemi, LLC

Under Maryland criminal law, a murder that is not “in the first degree” is considered to be “in the second degree.” And in accordance with established case law, there are four types of second-degree murder. In order to reach a conviction under one type or another, the state must prove the specific elements, depending on the charges. One of the four categories is second-degree felony murder. Under state law, an underlying felony can warrant a conviction for second-degree felony murder when it is committed in a way that is “dangerous to life.” Like many criminal provisions, the language may be subject to interpretation and application by the court. If you have been arrested or charged with any crime, it is important to be clear about the charges against you and to work quickly to protect your rights and freedom. You are encouraged to consult with an experienced criminal defense attorney as soon as possible.

In a recent criminal case, the victim was allegedly beaten, robbed, and shot by a group of men while he was on his way home from work. Tyshon Jones was one of the four men accused of taking part in these crimes. A jury found him not guilty of first-degree murder, second-degree murder with the intent to inflict serious bodily harm, armed robbery, and robbery. The jury, however, was unable to reach a verdict regarding the charges of first-degree felony murder and the use of a handgun during the commission of a felony or crime of violence. The court granted a mistrial with respect to the last two charges.

Maryland’s Highest Court Decides Felony Murder Sentencing Issue

April 27, 2015 | by Anthony A. Fatemi, LLC

The Fifth Amendment to the United States Constitution, also known as the “double jeopardy clause,” protects a person charged with a crime against multiple punishments for the same offense. Courts are expected to rule on issues that come before them with an eye to ensuring that a criminal defendant’s Constitutional rights are sufficiently protected. The punishment phase of a criminal trial takes place during sentencing. One way to protect against double jeopardy is through the “merger” of sentences. Like most phases of a criminal trial, there are rules and legal requirements governing the possibility of merging sentences. If you have been arrested or charged with a crime, it is extremely important that you contact an experienced Maryland criminal attorney as soon as possible.

In a recent case emerging from Maryland’s highest court, the State appealed the court of appeals’ decision to merge a defendant’s sentences for all predicate felony convictions during the sentencing phase of a felony murder conviction. Here, the State alleged that the defendant (and three others) kidnapped another person, placed him in a vehicle, and tried to get money from him. The State further alleged that one of the four people shot and killed the victim when he attempted to escape. The four were charged with multiple crimes, including first-degree murder, robbery with a dangerous weapon, kidnapping, use of a handgun in the commission of a crime of violence or felony, and unlawfully carrying, wearing, or transporting a handgun.