Doubleday v. People
2016 CO 3
| Colo. | 2016Background
- John Andrew Doubleday was charged with first‑degree murder (deliberation), first‑degree felony murder (predicate: attempted aggravated robbery), and attempted aggravated robbery after he shot and killed a convenience‑store clerk during an attempted robbery.
- Doubleday testified he partecipated under threats: gang members had threatened to kill him and his family and forced him to go to the store with a shotgun.
- At trial the jury acquitted Doubleday of attempted aggravated robbery, answering a special interrogatory that the acquittal was because the prosecution failed to disprove duress beyond a reasonable doubt.
- The trial court nevertheless instructed jurors that duress was not a defense to felony murder, and the jury convicted Doubleday of felony murder (and convicted on a lesser included count of second‑degree murder).
- The court of appeals affirmed; the Colorado Supreme Court granted certiorari to decide whether a felony murder conviction can stand where the jury acquitted the defendant of the predicate felony based on an affirmative defense.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Doubleday) | Held |
|---|---|---|---|
| Can a defendant be convicted of felony murder when acquitted of the predicate felony? | Felony murder requires commission of the predicate offense, but conviction of that predicate is not necessary; proof of commission may exist even if jury acquits based on duress. | A felony murder conviction fails if the jury acquitted the defendant of the underlying predicate crime, because commission of the predicate crime is an essential element. | Court held prosecution must prove all elements of the predicate offense beyond a reasonable doubt, including the inapplicability of any properly asserted affirmative defense; acquittal of predicate felony based on duress precludes felony murder conviction. |
| Was submission of the special interrogatory and consideration of the jury's explanation barred by CRE 606(b)? | (Preserved issue) The interrogatory was proper to clarify the jury’s deliberative question and to determine basis for not guilty finding. | (Preserved issue) Interrogatory violated CRE 606(b) and impermissibly probed jury rationale; thus it was improper and unreliable. | Court did not resolve this claim on the merits because it reversed on substantive statutory grounds; the opinion disposes of the case without deciding the CRE 606(b) issue. |
| Is duress a defense to felony murder under section 18‑1‑708? | (People argued) Duress statute uses term "convicted," suggesting duress precludes conviction but not necessarily commission; and duress is not a defense to murder itself. | Duress, if established, means no crime was committed and thus cannot support felony murder; an affirmative defense effectively becomes an element that prosecution must disprove beyond a reasonable doubt. | Court held that, for felony murder purposes, a properly asserted affirmative defense (like duress) must be disproved beyond a reasonable doubt as part of proving the predicate offense; therefore duress can negate the predicate crime and bar felony murder. |
Key Cases Cited
- Auman v. People, 109 P.3d 647 (Colo. 2005) (felony‑murder conviction depends on validity of underlying qualifying offense)
- Meads v. People, 78 P.3d 290 (Colo. 2003) (defendant cannot be convicted of felony murder unless guilty of underlying offense)
- People v. Morgan, 637 P.2d 338 (Colo. 1981) (prosecution must prove homicide and all elements of underlying felony beyond a reasonable doubt for felony murder)
- People v. Garcia, 113 P.3d 775 (Colo. 2005) (a properly raised affirmative defense is treated as an additional element of the offense)
- People v. Pickering, 276 P.3d 553 (Colo. 2011) (when evidence raises an affirmative defense, prosecution must prove beyond a reasonable doubt that the defense is inapplicable)
- Bailey v. People, 630 P.2d 1062 (Colo. 1981) (duress is an affirmative defense and prosecution must disprove it beyond a reasonable doubt)
- People v. Anderson, 50 P.3d 368 (Cal. 2002) (if defendant is not guilty of underlying felony due to duress, cannot be guilty of felony murder)