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Fisher v. State | 786 A.2d 706, 367 Md. 218 (2001)
A person who commits a felony may be charged with felony murder if a death happens during that felony. But must the felony be inherently dangerous? Or is it enough to commit any felony in a dangerous manner? Maryland’s highest court addressed this question in Fisher versus State.
Mary Utley, her adult daughter Rose Fisher, and Rose’s boyfriend were charged with child abuse for abusing Utley’s nine year old daughter Rita Fisher.
Because the abuse caused Rita’s death, all three defendants were also charged with murder. During trial, the court wouldn’t let Rose present evidence that she hadn’t intended to harm Rita with her actions.
The jury convicted Rose’s boyfriend of abuse and murder. He didn’t appeal.
The jury convicted Utley and Rose of child abuse that caused a death and second degree felony murder based on the felony of child abuse. The sentences for the two convictions were added together to run cumulatively.
Utley and Rose appealed. Maryland’s intermediate appellate court affirmed the convictions and the sentences. The Maryland Court of Appeals granted cert to review the case.
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