His attorney decided not to pursue an insanity defense believing there was an insufficient factual basis for it, but focused on obtaining a conviction for a lesser-included offense of second degree murder or first degree manslaughter, arguing that Hooks acted in the heat of passion and not with
malice aforethought. There was some information that Hooks had been hit by an 18-wheel truck as a child and suffered a traumatic brain injury, and also suffered from chronic psychosis.
Tenth circuit finds right to counsel in post-conviction proceeding to determine whether mental retardation bars imposition of death penalty; rejects use of Flynn effect in determining IQ
She is absolutely harmless, has suffered from severe anxiety doesn't deserve to be served up as the devil incarnate for what was guileless action without any trace of
malice aforethought.
Gunning for Helen
As a result, the killing of Roehm was without "
malice aforethought," and hence "Roehm cannot be seen to have been murdered by Hitler" (312).
Hitler: Beyond Evil and Tyranny
INDEED, TAKEN WHOLE, THE UPSIDE-DOWN Constitution might be said to comprise five books at once: a philosophical meditation on the framers' intentions and the character of the regime they erected; an imaginative reassessment of the Constitution's inner structure; a short and highly instructive history of the myriad ways in which constitutional rules decisively shaped American economic and political development in the 19th century; a critique of significant Supreme Court decisions from John Marshall's day to our own; and a clinical pathology of the factional exploitation and political opportunism encouraged (with
malice aforethought, Greve would say) by the New Deal revolution.
Right-side up
Having already proved that they are a government that rules by ignorance,
malice aforethought, spitefulness, punishment of the weak, sick and elderly and sheer hypocrisy, they have just told the electorate that we shall be having more of the same, plus they have vetoed the publishing of the risk assessment of the NHS changes.
ConDems hiding risks; views
Beleaguered conservative professors, increasingly alienated from a university world that has deliberately (with
malice aforethought, one might say) alienated itself from the best traditions of Western civilization, are seeking precisely an escape into a realm where devotion to learning is not subverted by a radical political and social agenda.
Modern age in the twenty-first century
I hadn't yet picked up my bow with
malice aforethought. How worthless of a whitetail hunter was I?
Never pass up ... some old sayings should remain just that--old
The crime against person is qualified murder when it is committed in the following situations: a) with
malice aforethought; b) against the spouse or close relative; c) against an under 15 years old person; d) taking advantages of a helpless state of the victim; e) against a pregnant woman; f) by cruel means; g) against two or more persons; h) for the purpose of committing or covering stealing or piracy; i) while or on occasion of fulfillment of victim's duty or public function.
Romanian criminal law vocabulary
"We are prepared to express regret, as we have, on the loss of life, etc." Israel, he said, wanted "Turkish recognition that Israel did not act with
malice aforethought and that Israel's soldiers acted in self-defense."
ARAB AFFAIRS - Dec 27 - Israel: Fences Unmended With Turkey:
that there will be Turkish recognition that Israel did not act with
malice aforethought and that Israel's soldiers acted in self defence," Netanyahu said.
Israel rules out apology to Turkey
Hair ruthlessly yanked back to increase his glare, he gleams with almost orgasmic sotto-voce
malice aforethought and hurls imperious threats of imprisonment in tones of shiveringly polite disdain.
Tuner simply Dahl-ightful
"Second degree murder requires
malice aforethought, which can be implied by the conduct of the defendant.
MJ's mum fumes over reports of interrupted CPR on dying son
As a doctrinal matter, however, the killing is not murder because killings committed under extenuating circumstances (upon a sudden quarrel or heat of passion) are not considered as having been committed with "
malice aforethought," the mental state of murder.
The California Supreme Court and the felony murder rule: a Sisyphean challenge?
When violence takes place in Europe, at least it is caused by inebriation; however, when it happens in our countries, it is probably
malice aforethought.
Ayoon Wa Azan (Malice Aforethought)
I think it was something done with the greatest of sincerity, but certainly not with any
malice aforethought to damage or to insult."
Weston backs PM over letter