Even a clock that’s stopped is right twice a day. And so a story at Overlawyered grabbed my attention. In Missouri, a defendant named Massigh Stallman has been convicted of the murder of State Trooper Ralph Tatoian.
So far, nothing odd about the story, except that Trooper Tatoian was more than 40 miles away from the scene when he was killed. Voodoo? Variation on the Vulcan Death Grip? Curse of Avada Cadavra?
Nope. Tractor trailer. It seems that Trooper Tatoian, driving at high speed with sirens on the interstate, went over a rise and into a tractor trailer. He died in the collision.
Holy mens rea, Batman! Does anybody in Missouri know the word “nexus”? The implications of this conviction are staggering. Will defendants be convicted of aggravated assault when a cop gets a paper cut filling out the arrest forms?
It appears that we have another example of a death which, by definition, therefore requires a conviction. But this is an example of where the law has lost all reason. The problem is not that there is a public clamor for blood, since blood was spilled, but that the court either succumbed to the screams of the crowd or, worse yet, was right there with torch and pitchfork in hand, screaming for the death of the monster.
The conviction will (hopefully) result in an appeal. An appellate court will reverse the conviction with a stinging rebuke of the trial court for its abject abandonment of all reason and failure to perform its constitutional and statutory duties. I hope.
So far, nothing odd about the story, except that Trooper Tatoian was more than 40 miles away from the scene when he was killed. Voodoo? Variation on the Vulcan Death Grip? Curse of Avada Cadavra?
Nope. Tractor trailer. It seems that Trooper Tatoian, driving at high speed with sirens on the interstate, went over a rise and into a tractor trailer. He died in the collision.
Holy mens rea, Batman! Does anybody in Missouri know the word “nexus”? The implications of this conviction are staggering. Will defendants be convicted of aggravated assault when a cop gets a paper cut filling out the arrest forms?
It appears that we have another example of a death which, by definition, therefore requires a conviction. But this is an example of where the law has lost all reason. The problem is not that there is a public clamor for blood, since blood was spilled, but that the court either succumbed to the screams of the crowd or, worse yet, was right there with torch and pitchfork in hand, screaming for the death of the monster.
The conviction will (hopefully) result in an appeal. An appellate court will reverse the conviction with a stinging rebuke of the trial court for its abject abandonment of all reason and failure to perform its constitutional and statutory duties. I hope.
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Taken to the Illogical Extreme
Last week, I posted about the bizarre murder conviction in Missouri where the defendant was held responsible for the death of a state trooper 40 miles away. I concede that my post was condescending, as this was some ridiculous story about some hick state’s version of justice. It could never happen here, right?
I was wrong. Terribly wrong. I realize this yesterday, when I received a call asking me if I was willing to be interviewed by a reporter for Slate about the collision of two newscopters in Phoenix that were covering a police chase. …
Taken to the Illogical Extreme
Last week, I posted about the bizarre murder conviction in Missouri where the defendant was held responsible for the death of a state trooper 40 miles away. I concede that my post was condescending, as this was some ridiculous story about some hick state’s version of justice. It could never happen here, right?
I was wrong. Terribly wrong. I realize this yesterday, when I received a call asking me if I was willing to be interviewed by a reporter for Slate about the collision of two newscopters in Phoenix that were covering a police chase. …
I feel this is a good law! And if it wasn’t for this scum bags actions then the Trooper would still be alive… plan and simple!
Collateral Murder for Negligent Homeless Man
In the past, we’ve noted cases where the collateral death of a responder was charged as murder despite the fact that it bore no causal connection to any criminal act, as well as
Collateral Murder for Negligent Homeless Man
In the past, we’ve noted cases where the collateral death of a responder was charged as murder despite the fact that it bore no causal connection to any criminal act, as well as