kcam1991 wrote:If a potential felony murder has an insanity defense for the underlying felony does this mean the felony murder rule does not apply? For example, person has guilty for actual murder, but because of extremely low IQ sees nothing wrong with illegal gun distribution.
I don't really know what you're asking, but I'll give it a shot. If there is an insanity defense for the predicate felony upon which felony murder liability is based, and the insanity defense is successful, then there would be no felony murder liability. How this actually plays out depends whether the jurisdiction is a not guilty by reason of insanity state, or a guilty but insane state. That would be an interesting question.
Example: guy goes to a grocery store and carries a gun with him. He's insane as fuck and believes that he is actually going to the lair of an evil dragon that stole his money. Walks up to the guy at the counter, tells him to give him the money back, and points the gun at him. Gets money, turns around to leave, but slips on a puddle, causing the gun to go off and hit a bystander. Absent the insanity defense, there would be FM liability based on the robbery (assuming it was a felony charge). With the insanity defense, there is no liability for the underlying robbery (maybe in the guilty-but insane states, I guess, who knows?) so there would be no felony murder liability.