Another Murder Conviction Vacated (Corrected)

Today, the SCOID released its second opinion in two days vacating a murder conviction and remanding for a new trial. It is interesting to note that the divided opinion was again written by Justice Warren Jones.

In Pina, the defendant was charged under Idaho's Felony Murder Rule for a shooting death caused by a co-defendant. Initially, Pina and the victim became involved in a dispute outside. Eventually, the altercation moved inside a house where the co-defendant was asleep.

At some point when Pina and the victim were quarreling inside, the co-defendant became involved in the altercation, seized a gun from the defendant, and shot the victim out of panic. Pina was subsequently charged under Idaho's Felony Murder Rule, with the predicate felony being the kidnapping or attempted kidnapping of the victim.

At trial, Pina's counsel moved pursuant to Rule 29, I.C.R., arguing that the State had failed to present any evidence indicating that the death resulted from any type of common plan or design between Pina and the co-defendant. The State acknowledged that the co-defendant was not in on the plan (the kidnapping), but asserted once the co-defendant "was activated . . . he was acting with Mr. Pina . . ."

The trial court denied Pina's motion, adopting the "stream-of-events" theory of felony murder. During the jury instruction conference, counsel for Pina again renewed argument on the insufficient evidence of agency and requested that the jury be instructed that Pina and the co-defendant must have acted in concert with one another for Pina to be found guilty of felony murder. Despite counsel's timely request, the court declined to give the requested instructions on agency.

On appeal, the Supreme Court analyzed whether Idaho's Felony Murder Rule follows the agency or proximate cause theory. Under the agency theory, the rule is applied only to actors who are acting in concert in furtherance of a common plan or scheme to hold each liable for a death that occurs during the preparation of the felony. Under the proximate cause theory (the minority theory), each actor is held responsible for the death of a person caused during the perpetration of a felony on the basis of reasonable forseeability that the acts committed might reasonably be expected to result in death.

In its analysis, the sharply divided Court disagreed in its analysis and result. Briefly, Justice W. Jones, joined by J. Kidwell and J. J. Jones agreed that jury instructions were defective under both theories. As a result, the narrow majority joining in result only, agreed that Mr. Pina's conviction must be vacated and remanded for a new trial. Separately, J. Burdick, joined by J. J. Jones and J. Horton, held that Idaho follows the agency theory of the felony murder rule.

Another good job by the folks at the SAPD's office and Mr. Pina's trial counsel...

The opinion can be found here: http://www.isc.idaho.gov/opinions/State%20v.%20Pina..pdf