First-Degree Murder Case Summary

7. Walter may be charged with first-degree murder due to the felony murder rule. Walter committed the forcible felony of breaking and entering. Walter’s attempt at murdering his father caused his father to have a heart attack and die. Walter is responsible for his father’s death because it occurred while he was committing a forcible felony. First-degree murder applies to Walter’s case because “a person who kills an individual without lawful justification commits first-degree murder if he is attempting or committing a forcible felony other than second degree murder” (Illinois Criminal Code). Walter unleashed a chain of violence when breaking and entering and attempting to kill his father and it ultimately resulted in his father’s death so this case qualifies as first-degree murder under the felony murder rule. Under the felony murder rule intent is not required. Walter could use the insanity defense in this case. He suffers from paranoid schizophrenia and refuses to take his medication. Mental illness is necessary to use the insanity defense and

I would advise Mimi that she could sue Rudolpho for paternity and child support even though he fled to Milwaukee. Paternity must first be established before Mimi sues for child support. Previously courts had extremely limited jurisdiction to order non-custodial parents to pay child support. Now though, a custodial parent may file for child support action in the state were the custodial parent lives. This action will then be transferred to the state where the non-custodial parent lives and will be pursued by the courts in that state (Class Notes). I would first advise Mimi to file a petition with the court for a hearing to establish paternity. Once paternity is established she should file a petition for child support. Mimi should not have an issue getting Milwaukee to serve Rodolpho with the complaint. If Mimi wins her case she should also not have any issues getting Milwaukee’s help in enforcing the child support