People v. Decker Questions Flashcards
Procedural posture
(a) People are bringing action against Decker as well as the Superior court of CA as the “real party in interest”. The purpose is to clarify the lawsuit is against Decker (Def in the case at bar) but his action is being brought against the court of preliminary hearing for dismissing the attempted murder
(b) In CA, a felony can be charged by complaint or info which means the defendant is accused but no proable cause determination has been made yet, THUS Decker was never convicted of a crime b/c the trail court dismissed the charges for two counts of attempted murder
Counting Crimes
Decker would have committed four acts of solicitation b/c solicitation only requires that one person invites another to commit or join in a crime.
-Once you share the solicitation information, each party received counts as an act of solicitation
Standard of review
The facts in the case were undisputed, therefor the count of appeal had nothing to defer. Nothing to defer here b/c the facts are not undisputed and the court has the ability to decide law.
How far did decker go?
Decker:
- Provided sisters daily routine
- How to kill
- Make sure to kill her friend if she was there
- claimed that he would do it himself but he would be a prime suspect
- Down payment
(b) How it moved beyond preparation:
- Did research in the dark realm to find a hitman
- budgeted to pay for those services
- how the murder should be done
(c) Decker did not argue that the attempted murder charges must be dismissed b/c Dective Holston never intended to kill his sister
- Could have been a good argument to challenge the attempt for murder (NO SI) = an attempted attempt
Feigned principal feigns even more
If the detective posed the death and showed photos to Decker and Decker paid the remaining debt then Decker would have been accessory after the completion fo the “murder”
