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Article: Felony murder, the merger limitation, and legislative intent in State v. Heemstra: deciphering the proper role of the Iowa Supreme Court in interpreting Iowa's felony-murder statute.
- Article from:
- Iowa Law Review
- Article date:
- May 1, 2008
- Author:
CopyrightCOPYRIGHT 2008 University of Iowa. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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ABSTRACT: In State v. Heemstra, the Iowa Supreme Court overturned nearly twenty-five years of precedent controlling the felony-murder doctrine by adopting the merger limitation as applied to felonious assault. In so doing, the Court brought ambiguity to statutory interpretation in the State of Iowa and created confusion in an area of criminal law that previously had been clear. This Note highlights the mysteries surrounding the felony-murder doctrine and its subdoctrines and provides analysis of Iowa's approach to the felony-murder doctrine. As a result, this Note critiques the State v. Heemstra decision and proposes that the Iowa Supreme Court show increased deference to ...
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