State v. Marchiafava

hi respectfully dissent from the majority’s decision to grant the defendant’s motion to quash the malfeasance charge. The State does not disagree that the conduct at issue in the parallel civil suit1—ie., the duty to conduct an inspection of the Willow Creek Apartments, formerly known as the Rusty Pelican motel,—wás a discretionary duty. Further, the State agrees that Mr. Marchiafava’s failure to conduct the in*1161spection prior to the fire does not rise to the level of “malfeasance in office,” a criminal act. The crime of malfeasance in office requires the violation of an “affirmative duty,” and…