felony-murder rule in Connecticut

2022Rev. 59 , 60 (2004); and its purpose is ‘‘to punish those whose conduct brought about an unintended death in the com- mission or attempted commission of a felony.’’ (Internal quotation marks omitted.) State v. Kyles, 221 Conn. 643, 667 , 607 A.2d 355 (1992).5 ‘‘The felony murder rule includes accidental, unintended deaths’’; id.; and it makes an accomplice to a felony equally as culpable in the commission of a murder as the person who killed the victim, so long as the victim was killed ‘‘in the course of and in furtherance of’’ the underlying felony.

2022Rev. 59 , 60 (2004); and its purpose is ‘‘to punish those whose conduct brought about an unintended death in the com- mission or attempted commission of a felony.’’ (Internal quotation marks omitted.) State v. Kyles, 221 Conn. 643, 667 , 607 A.2d 355 (1992).5 ‘‘The felony murder rule includes accidental, unintended deaths’’; id.; and it makes an accomplice to a felony equally as culpable in the commission of a murder as the person who killed the victim, so long as the victim was killed ‘‘in the course of and in furtherance of’’ the underlying felony.

2025The defendant concedes that ‘‘[t]he June 24, 2025 CONNECTICUT LAW JOURNAL Page 18 352 Conn. 183 JUNE, 2025 17 State v. Hinton court correctly recited the [felony murder] statute’’ but contends that the court’s instructions failed to ‘‘explain that the state had to prove that . . .

2022The issue is whether a rule that many commentators consider illogical and unprincipled would nonetheless be known to a reasonable nonlawyer declarant in Moye’s circumstances, whose statement identifies an accom- plice as the murderer and, therefore, would qualify as a statement against penal interest under § 8-6 (4) of the Connecticut Code of Evidence. 6 ‘‘In Bishop v. Copp, 96 Conn. 571, 575 , 114 A. 682 (1921), Chief Justice [George W.] Wheeler said: ‘The test of cross-examination is the highest and most indispensable test known to the law for the discovery of truth.’ Wigm- ore, speaking eve

2022The issue is whether a rule that many commentators consider illogical and unprincipled would nonetheless be known to a reasonable nonlawyer declarant in Moye’s circumstances, whose statement identifies an accom- plice as the murderer and, therefore, would qualify as a statement against penal interest under § 8-6 (4) of the Connecticut Code of Evidence. 6 ‘‘In Bishop v. Copp, 96 Conn. 571, 575 , 114 A. 682 (1921), Chief Justice [George W.] Wheeler said: ‘The test of cross-examination is the highest and most indispensable test known to the law for the discovery of truth.’ Wigm- ore, speaking eve

2022The issue is whether a rule that many commentators consider illogical and unprincipled would nonetheless be known to a reasonable nonlawyer declarant in Moye’s circumstances, whose statement identifies an accom- plice as the murderer and, therefore, would qualify as a statement against penal interest under § 8-6 (4) of the Connecticut Code of Evidence. 6 ‘‘In Bishop v. Copp, 96 Conn. 571, 575 , 114 A. 682 (1921), Chief Justice [George W.] Wheeler said: ‘The test of cross-examination is the highest and most indispensable test known to the law for the discovery of truth.’ Wigm- ore, speaking eve

2022The issue is whether a rule that many commentators consider illogical and unprincipled would nonetheless be known to a reasonable nonlawyer declarant in Moye’s circumstances, whose statement identifies an accom- plice as the murderer and, therefore, would qualify as a statement against penal interest under § 8-6 (4) of the Connecticut Code of Evidence. 6 ‘‘In Bishop v. Copp, 96 Conn. 571, 575 , 114 A. 682 (1921), Chief Justice [George W.] Wheeler said: ‘The test of cross-examination is the highest and most indispensable test known to the law for the discovery of truth.’ Wigm- ore, speaking eve

2022We held in Rivera that, as a result of the felony murder rule, an accomplice’s dual inculpatory hearsay statements2 that minimize the declarant’s participation in the death of a victim none- theless are ‘‘fully and equally’’ inculpatory and, thus, are admissible as statements against penal interest because the minimization is ‘‘limited to one type of murder ver- sus another type of murder.’’ (Internal quotation marks omitted.) Id., 368 .

2018We note that courts of other jurisdictions have explicitly held that "it is not necessary ... to charge a defendant separately with the underlying felony in order for a felony-murder instruction to obtain." See, e.g., Stephens v. Borg, 59 F.3d 932 , 935 (9th Cir. 1995) (applying California law).

2016We had also included language that further defined 'in furtherance' that was taken from the Supreme Court decision[s] of State v. Allen [ 216 Conn. 367 , 579 A.2d 1066 (1990) ] and State v. Young [ 191 Conn. 636 , 469 A.2d 1189 (1983) ].

2016We had also included language that further defined 'in furtherance' that was taken from the Supreme Court decision[s] of State v. Allen [ 216 Conn. 367 , 579 A.2d 1066 (1990) ] and State v. Young [ 191 Conn. 636 , 469 A.2d 1189 (1983) ].

2016We had also included language that further defined 'in furtherance' that was taken from the Supreme Court decision[s] of State v. Allen [ 216 Conn. 367 , 579 A.2d 1066 (1990) ] and State v. Young [ 191 Conn. 636 , 469 A.2d 1189 (1983) ].

2016We had also included language that further defined 'in furtherance' that was taken from the Supreme Court decision[s] of State v. Allen [ 216 Conn. 367 , 579 A.2d 1066 (1990) ] and State v. Young [ 191 Conn. 636 , 469 A.2d 1189 (1983) ].

2016The phrase was viewed as incorporating into the New York felony murder provision the previous limitation upon the applicability of the felony murder rule adopted in People v. Wood, 8 N.Y.2d 48 , [ 167 N.E.2d 736 , 201 N.Y.S.2d 328 ] (1960) [abrogated by People v. Hernandez, 82 N.Y.2d 309 , 624 N.E.2d 661 , 604 N.Y.S.2d 524 (1993) ].

2016The phrase was viewed as incorporating into the New York felony murder provision the previous limitation upon the applicability of the felony murder rule adopted in People v. Wood, 8 N.Y.2d 48 , [ 167 N.E.2d 736 , 201 N.Y.S.2d 328 ] (1960) [abrogated by People v. Hernandez, 82 N.Y.2d 309 , 624 N.E.2d 661 , 604 N.Y.S.2d 524 (1993) ].

1996(People v. Arauz, (1970) 5 Cal.App.3d 523, 533 [ 85 Cal. Rptr. 266 ]; People v. Dillon, [ 34 Cal. 3d 441 , 484 n.29, 194 Cal. Rptr. 390 , 668 P.2d 697]).” People v. Loustaunau, 181 Cal. App. 3d 163, 170 , 226 Cal. Rptr. 216 (1986).

1996(People v. Arauz, (1970) 5 Cal.App.3d 523, 533 [ 85 Cal. Rptr. 266 ]; People v. Dillon, [ 34 Cal. 3d 441 , 484 n.29, 194 Cal. Rptr. 390 , 668 P.2d 697]).” People v. Loustaunau, 181 Cal. App. 3d 163, 170 , 226 Cal. Rptr. 216 (1986).

1996(People v. Arauz, (1970) 5 Cal.App.3d 523, 533 [ 85 Cal. Rptr. 266 ]; People v. Dillon, [ 34 Cal. 3d 441 , 484 n.29, 194 Cal. Rptr. 390 , 668 P.2d 697]).” People v. Loustaunau, 181 Cal. App. 3d 163, 170 , 226 Cal. Rptr. 216 (1986).

1996(People v. Arauz, (1970) 5 Cal.App.3d 523, 533 [ 85 Cal. Rptr. 266 ]; People v. Dillon, [ 34 Cal. 3d 441 , 484 n.29, 194 Cal. Rptr. 390 , 668 P.2d 697]).” People v. Loustaunau, 181 Cal. App. 3d 163, 170 , 226 Cal. Rptr. 216 (1986).

1992Indeed, we have noted “that crimes against the person like robbery, rape and common-law arson and burglary are, in common experience, likely to involve danger to life in the event of resistance by the victim . . . .” (Emphasis added; internal quotation marks omitted.) State v. MacFarlane, 188 Conn. 542, 553 , 450 A.2d 374 (1982); see State v. Rossi, 132 Conn. 39, 44 , 42 A.2d 354 (1945), overruled in part on other grounds, State v. Tomassi, 137 Conn. 113, 123 , 75 A.2d 67 (1950).

1992Indeed, we have noted “that crimes against the person like robbery, rape and common-law arson and burglary are, in common experience, likely to involve danger to life in the event of resistance by the victim . . . .” (Emphasis added; internal quotation marks omitted.) State v. MacFarlane, 188 Conn. 542, 553 , 450 A.2d 374 (1982); see State v. Rossi, 132 Conn. 39, 44 , 42 A.2d 354 (1945), overruled in part on other grounds, State v. Tomassi, 137 Conn. 113, 123 , 75 A.2d 67 (1950).