Criminal Law Brief Topolewski v. State Procedural History: Lower court convicted defendant of stealing barrels of meat. Appealed. Reversed. Facts: Dolan, who owed the defendant money, was an employee at Plankinton Packing Company. The defendant told Dolan to place three barrels of the company’s meat on the platform. The defendant would then load the barrels [...]

Criminal Law Brief Commonwealth v. Tluchak Procedural History: Lower court convicted for Larceny. Appealed. Reversed. Facts: Appellants agreed to sell their farm to the prosecutor and his wife by written agreement. The agreement did not include any personal property but covered the following: All buildings, plumbing, heating, lighting fixtures, screens, storm sash, shades, blinds, awnings, [...]

Criminal Law Brief State v. Canola Procedural History: Trial court found defendant guilty of murder. Appealed. Affirmed. Appealed. Modified as to strike the conviction and sentencing of defendant for murder of the cofelon. Facts: Defendant and 3 confederates were in the process of robbing a store. While attempting to resist the robbery, the owner and [...]

Criminal Law Brief People v. Burton Procedural History: Trial court found defendant guilty of first degree felony murder and robbery as the underlying felony crime. Appealed. Affirmed. Reversed on other grounds. Facts: Defendant killed a person in the course of committing an armed robbery. Issue: Can robbery support a felony murder instruction? Holding: Yes. Reasoning: [...]

Criminal Law Brief Hines v. State Procedural History: Jury convicted Hines on felony murder based on the underlying crime of possession of a firearm by a convicted felon. Appealed. Affirmed. Facts: Late afternoon of April 8, 2001, Hines and some friends and relatives went turkey hunting. They split into two groups. As it was getting [...]

Criminal Law Brief People v. Stewart Procedural History: Defendant found guilty of both second degree murder and wrongfully permitting a child to be a habitual sufferer. Appealed. Affirmed. Facts: Mother of an infant under two months of age went on a crack binge for two to three days. During this time she did not feed [...]

Criminal Law Brief People v. Phillips Procedural History: Defendant Convicted of second-degree murder. Appealed. Reversed. Facts: 8-year old child is diagnosed with a fast-growing cancer of the eye. Medical doctors advised to have the eye immediately removed to save or extend the Childs life. Defendant was a chiropractic doctor and instead said he could cure [...]