Colorado Supreme Court, En Banc.
892 P.2d 304 (1995)
Vivian Daniels entered into an oral agreement with Robert Earl McNeese (defendant) for Vivian to stay at McNeese’s apartment, pay rent, and on the condition that her common-law husband John Daniels, never enter the premises. John Daniels had a reputation for not liking African-Americans. McNeese was an African-American. After about three months, McNeese made unwanted sexual advances on Vivian and she decided to move out. Vivian went to an apartment shared by John Daniels and Keith Tollefson. Immediately thereafter John and his friend David Wessels, and Vivian went to McNeese’s apartment to collect some of Vivian’s belongings. While there, John choked McNeese and threatened to kill him if he harmed Vivian again. McNeese stabbed and killed John and Wessels and stabbed Vivian in the head, wounding her. Vivian ran out of the apartment and called the police. McNeese was charged with first-degree murder and first-degree assault. After a preliminary hearing, the county court bound McNeese over for trial on two counts of second-degree murder. Additionally, McNeese was bound over for trial on the attempted first-degree murder and first-degree assault charges arising out of the stabbing of Vivian. McNeese filed a motion to dismiss, alleging that he was immune from prosecution under the state’s “make-my-day” statute. Following a hearing, the trial court granted McNeese’s motion as to the second-degree murder charge of John Daniels only. The court of appeals affirmed and the Colorado Supreme Court granted review.
Rule of Law
Holding and Reasoning (Erickson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.