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United States v. Fleming

(1984)

United States Court of Appeals for the Fourth Circuit - 739 F.2d 945

tl;dr:

The Fourth Circuit applied the depraved heart murder concept, finding that the difference in malice and recklessness is one of degree, not kind.

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ICRAIssue, Conclusion, Rule, Analysis for United States v. Fleming

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Facts & HoldingUnited States v. Fleming case brief facts & holding

Facts:The defendant was driving between 70-100 in a 45 mph...

Holding:The defendant's conduct was extremely reckless and wanton, and it...

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United States v. Fleming | Case Brief DeepDive
Majority opinion, author: HARRISON L. WINTER, Chief Judge:
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David Earl Fleming was convicted of second-degree murder for causing the death of Margaret Jacobsen Haley in a collision while driving at a high speed. Fleming was observed driving his car at high speeds between 70 and 100 miles per hour on the George Washington Memorial Parkway in northern Virginia, where the speed limit is 45 miles per hour. He lost control of his car on a sharp curve and hit the car driven by Mrs. Haley, who died from multiple severe injuries. Fleming's blood alcohol level was tested at .315 percent after he was transported to a hospital for treatment. The court concluded that such an act can indeed be considered murder, as the evidence presented was sufficient to support the jury's finding that the defendant acted with malice aforethought. The defendant's argument that a statute defining and prohibiting involuntary manslaughter should preclude a murder verdict in this case was not accepted by the court.

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