Friday, January 07, 2011  People v. Wilkins (Cal. Ct. App. -
Jan. 7, 2011)  This opinion is a classic example of the felony
murder rule.  It should be in every first-year textbook on
criminal law.  That's not a compliment.  Cole Wilkins sneaks
onto a deserted construction site late at night, piles some
construction materials (light fixtures, applicances, a sink,
etc.) into the back of his truck, and leaves.  Four hours later,
60 miles from the scene of the deserted burglary, Wilkins is
driving normally when one of the items accidentally falls off
his truck.  A tractor-trailer swerves to avoid it, jackknifes,
and turns over, trapping and killing a man in a vehicle next to
the big rig.  So Wilkins is tried and convicted.  For first
degree murder.  Forwhich he's sentenced to 25 years to life in
prison.  The Court of Appeals affirms.  If that's the law -- as
indeed it is -- then the law is an ass.  There's no better
example, in my view, of the absurdities of the felony murder
rule than this one.  Some may be equa