5th DCA 2000) (Harris, J., concurring) (per curiam) (arguing that "[no] meaningful difference exists between attempted second degree murder
and aggravated battery in those cases in which there was a known victim [upon whom] defendant intentionally inflicted serious bodily injury"; and whether one offense or the other is charged "depends on the whim of the prosecutor.").
If the law changes, it would allow courts to set the length of jail terms for second degree murder
"Second degree murder
requires malice aforethought, which can be implied by the conduct of the defendant.
Elements of second degree murder
include depraved indifference to human life, reckless conduct that gravely endangers others and causing a death.
Only first degree murder would carry a mandatory life sentence, while second degree murder
would be punished with life at the judge's discretion.
On July 18, Anna Pou, M.D., and nurses Lori Budo and Cheri Landry were arrested on the charge of being "a principal to second degree murder
." The three are charged in the deaths of four persons, aged 61, 67, 90, and 97, who were patients at the New Orleans Memorial Medical Center.
Jeffrey's grandparents were found guilty of second degree murder
and will be sentenced in a few weeks.
Derek King, 14, yesterday bowed his head as he was convicted of the second degree murder
of his 40-year-old father Terry at a court in Pensacola, Florida, yesterday.
A California jury found Knoller guilty of second degree murder
. She now faces 15 years to life in prison.
Latimer was convicted of second degree murder
and he appealed both his second conviction and his sentence to the Supreme Court of Canada.