• Implied Malice Second Degree Murder
• Driving While Under the Influence of Marijuana

A second degree implied malice murder conviction will be sustained on appeal so long as the evidence is sufficient to show that upon viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt, including that the defendant was subjectively aware that his actions endangered human life.

Davion Demetrious Murphy (defendant) was 19 years old in January, 2018.  He’d been smoking marijuana since the age of 11.  Despite his young age, defendant was well aware of the dangers of misusing marijuana and its potential effects while driving a motor vehicle.  Classified as an “at-risk” youth in 2014, when he was 15, he’d attended a multiday educational program where one of the program’s purposes was to warn participants about the serious potential consequences of driving a motor vehicle while under the influence of alcohol and/or a controlled substance.  During this program, he learned about ....