State v. Blair, 228 P.3d 564 (2010)

  • Facts: Blair broke into the victim's home, stole items including marijuana plants, and attempted rape and sexual abuse. The victim's leg was tied to the bedpost with a sheet. The victim died from a COPD/emphysema episode that the burglary, attempted rape, and attempted sexual abuse exacerbated. Charged with felony murder. Blair argued the State had to allege a culpable mental state as to the killing itself.
  • Issue: Whether the State must prove that ∆ acted with a mental state regarding the victim's death distinct from the mens rea of the underlying felony.
  • Rule: No. All elements of the underlying felony must be proven, PLUS the death occurred during the commission, attempt, or immediate flight, PLUS causation. No additional mens rea as to the killing is required.
  • Analysis: Under the felony-murder rule, the malice required for murder is imputed from the intent to commit the qualifying felony. Engaging in the felony is itself the requisite culpability.
  • Judgment: Conviction affirmed.

Reading: pp. 411–22. See Felony Murder.