From our private database of 34,000+ case briefs...
State v. Ramirez
Arizona Court of Appeals
945 P.2d 376 (1997)
David Patrick Ramirez (defendant) had a confrontation with another man named David, who visited Ramirez’s girlfriend while Ramirez was present at his girlfriend’s townhouse. After letting David into the house, Ramirez threatened David, pressing a gun against David’s side. One month later, Ramirez walked out of the townhouse and saw David’s brother, who looked like David, walking toward him. Ramirez shook the brother’s hand, then suddenly pulled a gun and shot and killed the brother, pausing between the second and third shots. The sole issue at Ramirez’s trial was whether the murder of David’s brother was premeditated. (Ramirez argued that the shooting was impulsive.) An Arizona statute defined premeditation as an intentional or knowing killing of a human being preceded by a “length of time to permit reflection.” A.R.S. § 13-1101(1). The court instructed the jury as follows: premeditation “means the defendant’s knowledge that he will kill another person existed . . . long enough to permit reflection. [T]he time for reflection must be longer than the time required merely to form the knowledge that conduct will cause death. It may be as instantaneous as successive thoughts in the mind. . . . It is this period of reflection, regardless of its length, which distinguishes first . . . from second degree murder.” The jury found that the murder was premeditated and convicted Ramirez of first-degree murder. Ramirez appealed, arguing that the court’s instruction to the jury lessened the state’s burden to prove premeditation for first-degree murder.
Rule of Law
Holding and Reasoning (Noyes, J.)
Dissent (Ryan, 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 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead 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.Learn about our approachRead more about Quimbee
Here's why 607,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 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.