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Tag Archives: armed robbery

Criminal Practice – Jury Instructions – Self-Defense – Felony Murder – Underlying Felonies

State v. Evans When a defendant is charged with felony murder, self-defense is available only to the extent that it relates to the underlying felonies. Since self-defense is not available as a defense to attempted armed robbery, defendant was not entitled to a jury instruction on self-defense as it related to the charge of felony murder based on the attempted armed robberies.

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Criminal Practice – Armed Robbery – Evidence – Out-of-Court Statement – Corroboration – Constitutional

State v. Mason When a police officer testified about the victim’s statements at the scene of the crime, the trial court instructed the jury that the testimony was being admitted for corroborative purposes only. Since the testimony was not admitted to prove the truth of the matters asserted, defendant’s constitutional right to confront the witnesses against him was not implicated.

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Criminal Practice – Search & Seizure – Traffic Stop – Armed Robbery – DWI

State v. Brown Where the arresting officer did not have any information regarding in what direction armed robbery suspects fled the scene of the robbery, and where the officer had no description of a getaway vehicle, the officer did not have a reasonable suspicion that justified pulling over defendant’s car near the scene of the crime four hours after the robbery.

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Criminal Practice – Armed Robbery – Dangerous Weapon – Stun Gun

State v. Rivera Even though a police corporal testified that a stun gun is “less than lethal,” given the serious nature of the injury suffered by the victim, the question of whether the stun gun was a dangerous weapon that threatened or endangered the victim’s life was properly placed before the jury. We find no error in defendant’s conviction of robbery with a dangerous weapon.

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