involuntary manslaughter instruction (District of Columbia) · Go Syfert
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involuntary manslaughter instruction in District of Columbia

6 District of Columbia opinions name it 1 courts 1975–2004 0 in the last five years

The cases below were cited by District of Columbia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Comber v. United Statesgreen
dc · 1990 · cited in 1 District of Columbia opinions naming this issue, 2004–2004
2 sentences

2004Cf. Comber, supra, 584 A.2d at 32-33, 53-55 (where evidence showed that appellant Comber punched Pickney once or twice, resulting in Pickney’s death, and that appellant Hayward twice punched Butler and Butler twice fell and hit his head and then died, both appellants were entitled to an involuntary manslaughter instruction). 9 B.

2004Cf. Comber, supra, 584 A.2d at 32-33, 53-55 (where evidence showed that appellant Comber punched Pickney once or twice, resulting in Pickney’s death, and that appellant Hayward twice punched Butler and Butler twice fell and hit his head and then died, both appellants were entitled to an involuntary manslaughter instruction). 9 B.

11
United States v. Bradfordgreen
dc · 1975 · cited in 1 District of Columbia opinions naming this issue, 1992–1992
1 sentence

1992See Comber, supra note 2, 584 A.2d at 49 (“ ‘[i]f he is not aware ... and he should have been aware, the crime is involuntary manslaughter’ ”) (quoting United States v. Bradford, 344 A.2d 208 , 215 n. 22 (D.C.1975) (emphasis supplied)).

11
T. Willie Simon v. United Statesgreen
cadc · 1970 · cited in 1 District of Columbia opinions naming this issue, 1975–1975
1 sentence

1975The offense has been explicitly recognized by this court as long ago as the decision in Story v. United States, 57 App.D.C. 3 , 16 F.2d 342 , 53 A.L.R. 246 (1926). ...” (Id. 152 U.S.App.D.C. at 310, 424 F.2d at 798 (footnotes omitted).] The case stands for the proposition that involuntary manslaughter is an offense in its own right rather than the idea that manslaughter is a unitary offense which can be committed by alternate means.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Allen v. United States green
dc · 1985
2 sentences

1996Therefore, there was no error, and clearly no plain error, in the trial court’s failure to include an involuntary manslaughter instruction in the charge to the jury. 9 See Allen, supra, 495 A.2d at 1154 .

1996Therefore, there was no error, and clearly no plain error, in the trial court’s failure to include an involuntary manslaughter instruction in the charge to the jury. 9 See Allen, supra, 495 A.2d at 1154 .

11996–1996
Faunteroy v. United States green
dc · 1980
2 sentences

1990The instructions provided, in pertinent part: "Excusable homicide occurs where the person who kills although himself at fault had the legal right so to kill or where the killing was the accidental result of a lawful act done in a lawful manner.” As the discussion above demonstrates, however, a homicide resulting from a lawful act is excused so long as it does not involve conduct which creates "extreme danger to life or of serious bodily injury” and does not amount to “a gross deviation from a reasonable standard of care." Faunteroy, supra, 413 A.2d at 1298-99 .

1990The instructions provided, in pertinent part: "Excusable homicide occurs where the person who kills although himself at fault had the legal right so to kill or where the killing was the accidental result of a lawful act done in a lawful manner.” As the discussion above demonstrates, however, a homicide resulting from a lawful act is excused so long as it does not involve conduct which creates "extreme danger to life or of serious bodily injury” and does not amount to “a gross deviation from a reasonable standard of care." Faunteroy, supra, 413 A.2d at 1298-99 .

11990–1990
Pendergrast v. Unites States green
dc · 1975
1 sentence

1976A lesser included offense instruction is justified if there is a “sufficient evidentia-ry predicate to support the charge.” Id.

11976–1976
Story v. United States green
cadc · 1926
2 sentences

1975The offense has been explicitly recognized by this court as long ago as the decision in Story v. United States, 57 App.D.C. 3 , 16 F.2d 342 , 53 A.L.R. 246 (1926). ...” (Id. 152 U.S.App.D.C. at 310, 424 F.2d at 798 (footnotes omitted).] The case stands for the proposition that involuntary manslaughter is an offense in its own right rather than the idea that manslaughter is a unitary offense which can be committed by alternate means.

1975The offense has been explicitly recognized by this court as long ago as the decision in Story v. United States, 57 App.D.C. 3 , 16 F.2d 342 , 53 A.L.R. 246 (1926). ...” (Id. 152 U.S.App.D.C. at 310, 424 F.2d at 798 (footnotes omitted).] The case stands for the proposition that involuntary manslaughter is an offense in its own right rather than the idea that manslaughter is a unitary offense which can be committed by alternate means.

11975–1975

Statutes the citing opinions construe

DC § D.C. Code § 22-2405 (4) DC § D.C. Code § 22-2403 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 159 (1975–2026) CA 97 (1967–2026) MA 43 (1985–2026) MO 28 (1988–2025) PA 28 (1977–2025) OH 26 (1994–2025) MI 22 (1988–2026) NM 21 (1995–2026) SC 15 (1991–2026) KY 13 (1931–1979) KS 11 (1978–2015) NC 11 (1989–2026) GA 10 (2014–2026) IN 9 (1995–2020) WV 7 (1979–2020) DC 6 (1975–2004) VA 4 (2015–2025) RI 3 (1998–2008) ID 3 (1983–2002) NV 2 (2000–2018) NE 2 (2023–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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