Harris v. State

Dawnta Harris v. State of Maryland, No. 45, September Term, 2021. Opinion by Hotten, J. CRIMINAL LAW — FELONY MURDER — MANSLAUGHTER BY VEHICLE — PREEMPTION A felony murder conviction, when perpetrated by the operation of a motor vehicle, is not preempted by the manslaughter by vehicle statute, Md. Code Ann., Criminal Law (“Crim. Law”) § 2-209. That statute preempts the entire subject matter of unintended homicides committed by motor vehicle, but felony murder is not an unintended homicide. Rather, felony murder is a legal fiction whereby the intent to commit the underlying felony is…