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Criminal Law Keyed to Ohlin
Rogers v. Tennessee
Citation:
532 U.S. 451 (2000)Facts
Rodgers stabbed James Bowdery with a butcher knife on May 6, 1994. During surgery to repair his wounds, Bowdery went into cardiac arrest but was resuscitated and survived the procedure. However, he developed cerebral hypoxia, which results from a loss of oxygen to the brain. He slipped into a coma and remained in a coma until August 7. 1995, when he died from a kidney infection (a common complication for comatose patients).
Rogers was convicted of second degree murder. He appealed, arguing that the “year and a day” rule prohibited his conviction. At common law, the year and a day rule provided that no defendant could be convicted of murder unless his victim had died by the defendant’s act within a year and a day of the act. However, the Supreme Court of Tennessee abolished the rule and applied its decision to Roger’s to uphold his conviction.
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9m 36s