State v. Goodseal – Felony Murder

State v. Goodseal, 220 Kan. 487, 553 P.2d 279 (Kansas 1976)

BY: James F. Polk – AISOL YEAR ONE STUDENT

Facts/Court/History:

Charles Goodseal (defendant), was a convicted felon.
He and a friend went to a strip club where they met a dancer and prostitute named “Silky.”
Silky asked Goodseal to help her get out of a soon to occur paid sexual encounter she was to have with James Hunter.
Silky gave Goodseal a gun so that he could scare Hunter.
Goodseal went to Hunter’s vehicle where he and Silky were and opened the rear door while brandishing the weapon.
He believed the weapon was unloaded.
Silky threw out her shoes, robbed Hunter of his money, and Goodseal pulled her from the car.
As Goodseal bent over to pick up Silky’s shoes he slipped in the snow, bumped into the car door, and the gun went off.
A bullet struck and killed Hunter.
Goodseal was charged with being a felon in unlawful possession of a firearm, aggravated robbery, and felony murder.
The murder charge asserted that the homicide occurred during the perpetration of the crime, namely that Goodseal, being a felon, was in unlawful possession of a firearm.
Goodseal was convicted on all counts and he appealed.

Issue: In Kansas, is being a convicted felon in unlawful possession of a firearm an inherently dangerous underlying felony to support a conviction of felony murder?

Conclusion: Harman J. Opined: Yes. Goodseal killed another during the perpetration of an inherently dangerous felony. Felony Murder requires the prosecution to prove beyond a shadow of a doubt that homicide was committed maliciously, willfully, deliberately, and with premeditation…. that or during the perpetration of an inherently dangerous felony.

This ruling further sealed the existing case law from State v. Moffitt, 431 P.2d 879 (Kan. 1967), in which the court held that it was an inherently dangerous felony for a felon to unlawfully possess a firearm and that it was inherently dangerous to human life as a matter of law.

The judgment of the trial court is affirmed.

Rule: It is an inherently dangerous underlying felony to be a convicted felon in unlawful possession of a firearm in Kansas. It supports a felony murder conviction.

Rule Proof: This ruling further sealed the existing case law from State v. Moffitt, 431 P.2d 879 (Kan. 1967), in which the court held that it was an inherently dangerous felony for a felon to unlawfully possess a firearm and that it was inherently dangerous to human life as a matter of law.

Application to these Facts: Goodseal was in possession of a weapon, was a felon and somebody was then killed while brandishing a firearm at somebody.

Counterargument: Prager, J. Dissented: The felony murder rule should apply only to truly dangerous underlying felonies such as aggravated assault, robbery, and rape, among others. Being a convicted felon in unlawful possession of a firearm is not, by itself, inherently dangerous. When determining whether the underlying felony is inherently dangerous, a trial court should review the act in the abstract and not take into account the circumstances surrounding the commission of the underlying felony.