People v. Moore
Michigan Supreme Court
679 N.W.2d 41 (2004)
- Written by Carolyn Strutton, JD
Facts
Clarence Moore (defendant) and his friend DeJuan Boylston got into an argument with Jacky Hamilton and Jacky’s brother Johnny Hamilton. After the argument, Moore and Boylston approached the Hamiltons while Boylston was carrying a gun. Moore told the Hamiltons to flee, but Boylston suddenly recognized Johnny from his neighborhood and told Moore that he no longer wanted a problem with the brothers. Moore began to berate Boylston, encouraging him to shoot the Hamiltons, and threatening that he would no longer associate with Boylston if Boylston failed to shoot them. Boylston began to walk away but turned back and fired the gun after Moore continued to harass him. Jacky was hit and later died as a result of the gunshot wound. Moore was convicted of murder in the first degree, assault with intent to murder, and felony-firearm possession, all on an aiding and abetting theory. The felony-firearm possession charge served as a sentence-enhancing conviction, adding stricter sentencing guidelines to Moore’s murder and assault convictions. Moore appealed the felony-firearm possession conviction on the grounds that he did not assist Boylston in obtaining or possessing the gun.
Rule of Law
Issue
Holding and Reasoning (Weaver, J.)
What to do next…
Here's why 812,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 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.
