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Judge’s opinion keeps colleague in suspense

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7th Circuit Court of Appeals Judge Richard Posner had a fellow judge on the edge of his seat Thursday waiting to see how the opinion in a murder case would be decided. The court upheld a prisoner’s conviction of first-degree murder of the prisoner’s cellmate.

Daniel Delaney strangled his cellmate after finding out he was a convicted child molester. He had been in the cell with the man for a couple weeks before he beat him and strangled him. He originally told an FBI agent that he attacked the man “after some thought,” but Delaney later testified at trial that he had been sexually abused as a child and snapped after learning his cellmate was a child molester.

Delaney argued that the jury should have found that he killed in “the heat of passion” and therefore convicted him of only voluntary manslaughter.

In United States of America v. Daniel L. Delaney, 12-2849, Posner delved into the jury instructions given in this case for first-degree murder and manslaughter, and he noted the “archaic language” in the federal statutory provisions, such as “aforethought.”

“That such terms should appear in modern statutes and jury instructions … testifies to the legal profession’s linguistic conservatism,” he wrote. “And sometimes linguistic ineptitude.”

What is said to distinguish killing in the heat of passion from murder is absence of malice. The judge instructed the jury that it should convict Delaney of voluntary manslaughter if it found he killed “intentionally but without malice and in the heat of passion.”

“This is puzzling, because ‘malice aforethought’ in the statute means intent and so what does it mean to say that a person did something intentionally but without malice?” Posner pondered.

Ultimately, Delaney’s argument that the jury should have found he acted in the heat of passion failed because there was considerable evidence of forethought, much of it from his own statements admitting his cellmate “had to” be killed and he attacked the man “after some thought.”

Posner ended the opinion suggesting that “heat of passion” shouldn’t be thought a defense, as the “defense” just puts the government to its proof.

Judge William Bauer concurred, writing, “I have to admit that this opinion had me in suspense until the last minute. I’m not sure it provides a clear trail for future prosecutions but I sign on because the result is in keeping with the evidence.”

The panel on the case also included Judge John Tinder.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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