P. v. Murphy
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Defendant, driving at nearly 90 miles per hour, ran through a red light and collided with another vehicle, killing its occupants. A blood test after the accident confirmed that Defendant had 7.2 nanograms per milliliter of THC, 3.3 nanograms per milliliter of hydroxy THC, and 225 nanograms per milliliter of carboxy THC. Defendant was tried and convicted of second degree murder. An expert testified on behalf of the government, opining that Defendant had smoked marijuana within 24 hours of the accident.
On appeal, Defendant argued that the evidence presented was insufficient to prove he acted with the requisite level of malice. To be convicted of second degree murder, the government must prove that Defendant was subjectively aware his actions endangered human life. Here, given the nature of the accident, evidence of intoxication, Defendant's intent to drive and his knowledge of the dangers of impaired driving, the court concluded that the government presented sufficient evidence to allow the jury to find Defendant guilty of second degree murder.
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