State v. Porter

Michael Porter (defendant) got into a fight with D.J. Flett outside a bar. Porter punched Flett, knocking him unconscious when Flett's head struck the pavement, then hit him two or three more times; Flett died of his injuries. The State of Idaho charged Porter with second-degree murder, conceding he had not intended to kill Flett but arguing he acted with malice aforethought. The district court reduced the charge to voluntary manslaughter, and both sides appealed; the court of appeals reversed and reinstated the murder charge, and the Idaho Supreme Court granted review.