State v. Blair

Michael Blair (defendant) broke into the victim's home, stole several items including marijuana plants, and attempted to rape and sexually abuse her while her leg was tied to a bedpost. The victim, who had chronic obstructive pulmonary disease (COPD), died of an emphysema-related complication worsened by the burglary and attempted sexual assault, and was found the next day on the floor by the bed. The State of Oregon (plaintiff) charged Blair with felony murder, among other crimes. Blair argued the charge should be dismissed because the state never alleged he caused the death with any culpable mental state, and asked for a jury instruction requiring the jury to find he caused the death knowingly, recklessly, or with criminal negligence. The trial court denied both the dismissal and the instruction, and the jury convicted Blair of felony murder; the court of appeals affirmed, and Blair sought review.