Greg Egan: Collateral and Independent Felonious Design: A Call to Adopt a Tempered Merger Limitation for Predicate Felonies of Assault Under a Minnesota Felony murder Doctrine Currently “Too Productive of Injustice”

Greg Egan

The Supreme Court of Minnesota has a long history of predicating the felony murder doctrine on assault. In State v. Carson, without even mentioning the merger limitation by name, the court concluded that there was sufficient evidence that the defendant “willfully and knowingly, without intent to kill, killed the victim while committing the felony of aggravated assault on him.” When it comes to the merger limitation with assault as the predicate felony, the court has a history of adopting this conclusion without any significant legal reasoning.

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Collateral and Independent Felonious Design: A Call to Adopt a Tempered Merger Limitation for Predicate Felonies of Assault Under a Minnesota Felony murder Doctrine Currently “Too Productive of Injustice”