Roary v. State

GREENE, Judge.

On August 1, 2003, Michael Roary (“Roary”) was convicted of second-degree felony-murder with first-degree assault as the underlying felony, involuntary manslaughter, first and second-degree assault, conspiracy, and transporting a handgun in a vehicle. His conviction is based upon the events of December 27, 2001, in which Roary and three friends chased the victim, Charles Banks, III, and then tripped, kicked, and dropped a boulder on his head twice. 1 Mr. Banks died ten months later as a result of injuries sustained during the beating.

Roary presents the following questions for…