Criminal Law Keyed to Hoffmann
Dixon v. United States
Facts
When Oronde Mitchell, Defendant, and Cedric Tolbert were in a car, they tried to sell marijuana to Jaquin Jones. Thereafter, Jones tried to rob Mitchell and Tolbert at gunpoint. Ultimately, this encounter ended with Tolbert’s death. Defendant was indicted for a felony murder charge, and the supporting felony murder liability was the unlawful distribution of a controlled substance. Defendant moved to dismiss the felony-murder charge because, under Alabama law, the underlying felony must be clearly dangerous to human life, and, in his case, it was not. The trial judge denied the motion, and Defendant petitioned for a writ of prohibition/mandamus.
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