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eBook details

• Title: People V. Marcy
• Author : Colorado Supreme Court
• Release Date : January 09, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

This appeal challenges the constitutionality of subsection (1)(d) of the first degree murder statute, section 18-3-102, C.R.S. 1973) (1978 Repl. Vol. 8), which is commonly referred to as "extreme indifference murder." Ellsworth Fain Marcy (defendant) asserts that his conviction of first degree murder by extreme indifference under section 18-3-102(1)(d) violates equal protection of the laws, U.S. Const. Amend. XIV; Colo. Const. Art. II, Sec. 25, because that crime is not rationally distinguishable from either second degree murder, section 18-3-103(1)(a), C.R.S. 1973 (1978 Repl. Vol. 8), or reckless manslaughter, section 18-3-104(1)(a), C.R.S. 1973 (1978 Repl. Vol. 8). He also claims that the statutory definition of extreme indifference murder is unconstitutionally vague in violation of due process of law under the United States and Colorado Constitutions. U.S. Const. Amend. XIV; Colo. Const. Art. II, Sec. 25. In addition to these constitutional issues he contends that the trial court erroneously denied his motion to disqualify the trial judge and improperly admitted into evidence a photograph of the deceased taken during an autopsy. We conclude that section 18-3-102(1)(d) violates equal protection of the laws under Article II, Section 25, of the Colorado Constitution because the crime of  first degree murder by extreme indifference is not sufficiently distinguishable from second degree murder to warrant the substantial differential in penalty authorized by the statutory scheme. We reverse the conviction and remand for a new trial for that reason. Because of our disposition of this issue, we do not address the other matters raised by this appeal.

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