United States v. Williams

ORDER REGARDING “MALICE AFORETHOUGHT” IN COUNTS ONE AND TWO OF THE SECOND SUPERCEDING INDICTMENT

J. MICHAEL SEABRIGHT, District Judge.

I. INTRODUCTION

In this capital felony-murder case, Defendant Naeem J. Williams (“Defendant”) seeks a ruling prior to opening statements that “malice aforethought” is a necessary element of the felony murder Counts (Counts One and Two) of the Second Superseding Indictment (“Indictment”). The court disagrees based on Ninth Circuit precedent directly on point. See United States v. Miguel, 338 F.3d 995, 1004-05 (9th Cir.2003); United States v. Chischilly, 30 F.3d…