the charges: 2nd Degree Child Cruelty and Murder - What does it all mean?

JerseyGirl said:

CNN editorial explaining the charges:

http://www.cnn.com/2014/07/08/opinion/cevallos-hot-car-felony-murder/?c=&page=0

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Thank you - this does a decent job explaining it. I agree this will just turn into a regular malice murder charge. I think his characterization of a few things is off - he gets specific intent, but then keeps calling certain things unintentional that require general intent. I.e., murder requires the specific intent to kill someone, but we now allow a general intent crime like shooting into a random crowd to qualify in most jurisdictions.

DWI and DUI related murders are charged with felony murder regularly and are often convicted of felony murder! Here's just one example http://www.kens5.com/story/news/local/2014/06/26/10421622/

RainCheck said:

DWI and DUI related murders are charged with felony murder regularly and are often convicted of felony murder! Here's just one example http://www.kens5.com/story/news/local/2014/06/26/10421622/

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That sounds like a rarity, though, from that article. I wonder if it would stand up on appeal. I was trying to find more info, and here's one of the major cases: http://caselaw.findlaw.com/mo-court-of-appeals/1297930.html This case stood up on appeal, with a great explanation. Depends on whether the jurisdiction only allows felony murder for inherently dangerous felonies.

Also, it took me a while to piece this together, but that case is a bit different. I was confused because when someone kills someone while driving drunk, it is usually a felony of vehicular homicide. The article makes it sound like he was charged with felony murder instead of that, but it makes no sense, because as the article states, felony murder occurs in the course of *another* felony. If you alleged this was felony murder and not vehicular homicide, since a person cannot be convicted of both for the same crime, there is no *other* felony. But, I think this is like the case I linked to. Because he was a repeat DUI offender, the DUI charge that night ended up being a felony offense. There must be a statute making a 3rd DUI a felony, instead of the usual misdemeanor. DUI has different elements than murder, so they are separate, and felony DUI can be the basis for a felony murder charge. But that's definitely not common and depends on local law. In most places all DUIs are still misdemeanors, I believe, and in many places the felony has to be inherently dangerous or include a certain level of intent above that required for DUI, which is virtually a strict liability crime.

Any guesses on when the Grand Jury will convene for this case? Can someone provide a reminder when the deadline is? TIA!

I don't remember seeing this, which must have been the one fact that really got Magistrate Cox...

http://www.cnn.com/2014/07/03/justice/georgia-hot-car-toddler-death/

"At the hearing, Cobb County Chief Magistrate Frank Cox found probable cause for the case against Harris to move forward with respect to murder and child cruelty charges.

"For him to enter the car ... when the child had been dead and rigor mortis had set in, and the testimony is the stench in the car was overwhelming at that point in time, that he -- in spite of that -- got in the car and drove it for some distance before he took any action to check on the welfare of his child, I find there is probable cause for the two charges contained in the warrant," Cox told a packed courtroom."

Evie Ivy Over said:

I don't remember seeing this, which must have been the one fact that really got Magistrate Cox...

http://www.cnn.com/2014/07/03/justice/georgia-hot-car-toddler-death/

"At the hearing, Cobb County Chief Magistrate Frank Cox found probable cause for the case against Harris to move forward with respect to murder and child cruelty charges.

"For him to enter the car ... when the child had been dead and rigor mortis had set in, and the testimony is the stench in the car was overwhelming at that point in time, that he -- in spite of that -- got in the car and drove it for some distance before he took any action to check on the welfare of his child, I find there is probable cause for the two charges contained in the warrant," Cox told a packed courtroom."

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Yes, except the Magistrate was lying. There was no testimony that there was an overwhelming stench in the car when RH got in.

Originally Posted by Evie Ivy Over http://www.cnn.com/2014/07/03/justic...toddler-death/
"At the hearing, Cobb County Chief Magistrate Frank Cox....
"For him to enter the car ... when the child had been dead and rigor mortis had set in, and the testimony is the stench in the car was overwhelming at that point in time, that he -- in spite of that -- got in the car and drove it for some distance before he took any action to check on the welfare of his child, I find there is probable cause for the two charges contained in the warrant," Cox told a packed courtroom.". SBM

From SStar33 post.
"Yes, except the Magistrate was lying. There was no testimony that there was an overwhelming stench in the car when RH got in." BBM
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Not saying these two posts are splitting hairs, but how much time are we talking about here --- how many mins?

Time 1 = _:00 when Ross entered hot car at HD Treehouse lot, which had been sitting in sun 7 (?) hours
Time 2 = _:00 when Ross parked, exited car at pizza place.
Time 3 = _:00 min. when non-LE ppl at scene had opp to detect smell (and comment on it later).
Time 4 = _:00 min when LE detected ordors and later described them.

Is it likely or even possible at Time 1 the car smelled like Febreeze or like nothing,
no odor of a wet diaper, a dirty diaper, vomit, decomposition, none of these?
Then at Time 3, the non-LE witnesses at car scene detected & described their perceptions of odors, extremely stinky, whatever source?
And Time 4 when LE had opp to smell and said extremely stinky/overwhelming?

IDK.

Georgia Codes
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 2 - CRIMINAL LIABILITY
ARTICLE 1 - CULPABILITY
§ 16-2-1 - "Crime" defined
O.C.G.A. 16-2-1 (2010)
16-2-1. "Crime" defined


(a) A "crime" is a violation of a statute of this state in which there is a joint operation of an act or omission to act and intention or criminal negligence.

(b) Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby.
§ 16-2-2 - Effect of misfortune or accident on guilt
O.C.G.A. 16-2-2 (2010)
16-2-2. Effect of misfortune or accident on guilt


A person shall not be found guilty of any crime committed by misfortune or accident where it satisfactorily appears there was no criminal scheme or undertaking, intention, or criminal negligence.

Evie Ivy Over said:

Georgia Codes
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 2 - CRIMINAL LIABILITY
ARTICLE 1 - CULPABILITY
§ 16-2-1 - "Crime" defined
O.C.G.A. 16-2-1 (2010)
16-2-1. "Crime" defined


(a) A "crime" is a violation of a statute of this state in which there is a joint operation of an act or omission to act and intention or criminal negligence.

(b) Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby.
§ 16-2-2 - Effect of misfortune or accident on guilt
O.C.G.A. 16-2-2 (2010)
16-2-2. Effect of misfortune or accident on guilt


A person shall not be found guilty of any crime committed by misfortune or accident where it satisfactorily appears there was no criminal scheme or undertaking, intention, or criminal negligence.

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Links for the above statutes.

http://law.justia.com/codes/georgia/2010/title-16/chapter-2/article-1/16-2-1/

http://law.justia.com/codes/georgia/2010/title-16/chapter-2/article-1/16-2-2/

SStarr33 said:

Yes, except the Magistrate was lying. There was no testimony that there was an overwhelming stench in the car when RH got in.

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You state this as fact, but you have no link. Do you have access to the paperwork that was filed for this hearing? Do you know exactly what the judge was privy to before the hearing? If so, you need to link it, because based on the information we currently have, this is NOT a fact.

Salem

"Charges are strong"
http://www.cnn.com/2014/09/08/opinion/cevallos-hot-car-death-prosecution/index.html?hpt=hp_t3

And the felony murder charges are chilling. http://ctsearch.cobbsuperiorcourtcl...esFile=4&currPage=1&cfn=20160014211&blocked=N

"This evidence is admissible to show motive, intent, plan, preparation, absence of mistake, and absence of accident.

"absence of mistake"

Justice for Cooper is coming for you, Little One. +

:rose:

*bump*

Great discussion of the legal definitions underlying the charges and ramifications of subsequent revision to GA law. Helpful to review/ keep in mind while following the trial.