Gregory Koppersmith, the appellant, was charged with the murder of his wife, Cynthia (Cindy) Michel Koppersmith. He

Question:

Gregory Koppersmith, the appellant, was charged with the murder of his wife, Cynthia (“Cindy”) Michel Koppersmith. He was convicted of reckless manslaughter, a violation of § 13A-6–3(a)(1), Ala. Code 1975, and the trial court sentenced him to 20 years in prison. The Alabama Court of Appeals reversed and remanded.

Facts

Gregory Koppersmith (appellant) and his wife were arguing in the yard outside of their residence. Cindy tried to enter the house to end the argument, but Greg prevented her from going inside. A physical confrontation ensued, and Cindy fell off of a porch into the yard. She died as a result of a skull fracture to the back of her head.

In a statement he made to law enforcement officials after the incident, Greg gave the following summary of the events leading up to Cindy’s death. He and Cindy had been arguing and were on a porch outside of their residence. Cindy had wanted to go inside the house, but he had wanted to resolve the argument first. As she tried to go inside, Greg stepped in front of her and pushed her back. Cindy punched at him, and he grabbed her.

When Cindy tried to go inside again, Greg wrapped his arms around her from behind to stop her. Cindy bit him on the arm, and he “slung” her to the ground. He then jumped down and straddled her, stating that he “had her by the head” and indicating that he moved her head up and down, as if slamming it into the ground. When Cindy stopped struggling, he rolled her over and found a brick covered with blood under her head. Greg stated that, although Cindy fell near a flowerbed, he did not know there were bricks in the grass.....


1. List all of the facts relevant to determining Koppersmith’s mental state with respect both to his acts and the results of his actions.

2. In your opinion, was Koppersmith reckless or negligent? Support your answer with relevant facts.

3. Is it possible to argue that Koppersmith knowingly or even purposely killed his wife? What facts, if any, support these two states of mind?

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Criminal Law

ISBN: 9781305577381

12th Edition

Authors: Joel Samaha

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