Does Maryland recognize felony murder for deaths occurring during non-enumerated felonies, such as child abuse?

On June 25, 1997, nine-year-old Rita Fisher died from dehydration and malnutrition in Baltimore County. Her fifteen-year-old sister, Georgia Fisher, also suffered abuse but survived. The defendants in the case were Mary Utley (49, the victims' mother), Rose Mary Fisher (20, the victims' older sister), and Frank E. Scarpola, Jr. (21, Rose Mary Fisher's boyfriend). All three were convicted of second degree murder for Rita's death, with Mary Utley and Rose Mary Fisher's convictions based on felony murder predicated on child abuse.

The defendants were also convicted of multiple counts of child abuse against both Rita and Georgia Fisher. The abuse took place at their residence and included physical violence, deprivation of food and water, and confinement in a small space referred to as "the hole." The case involved severe and prolonged mistreatment of the two young victims by their own family members and an associate.

Scarpola, Mary Utley, and Rose Mary Fisher were tried in the Circuit Court for Baltimore County. The jury found them guilty of second degree murder and multiple counts of child abuse. The circuit court imposed sentences of ninety-five years for Scarpola, seventy-five years for Mary Utley, and thirty years for Rose Mary Fisher. The defendants appealed their convictions to the Court of Special Appeals, which affirmed the circuit court's judgments. Subsequently, Rose Mary Fisher and Mary Utley petitioned for certiorari to the Court of Appeals, which granted their request for review.

(Rodowsky, J.)

Yes. Maryland recognizes felony murder for deaths occurring during non-enumerated felonies, including child abuse. The common law doctrine of felony murder applies to homicides committed during the perpetration of felonies beyond those specifically listed in the first-degree murder statute. Child abuse, as defined in Article 27, § 35C, can serve as a predicate felony for felony murder under appropriate circumstances. The applicability of felony murder is not limited to common law felonies or those inherently dangerous in the abstract. Instead, the danger to life posed by a felony is determined by examining the nature of the crime and the manner of its perpetration in the specific circumstances. This approach allows for a more nuanced application of the felony murder doctrine. In cases where child abuse reaches a character and degree that renders it inherently dangerous, it can properly serve as the underlying felony for second-degree felony murder. This interpretation aligns with the purpose of the felony murder rule - to deter dangerous felonious activities and hold perpetrators accountable for deaths resulting from their criminal actions. The recognition of non-enumerated felonies as potential predicates for felony murder reflects an understanding that criminal activities beyond those explicitly listed in statutes can pose significant risks to human life. This broader application ensures that the law can respond effectively to various dangerous criminal behaviors that result in death, even if not specifically contemplated in the first-degree murder statute.

Concurrence/Dissent (Bloom, J.) The majority's holdings are largely correct. However, the sentences imposed for child abuse should be vacated based on double jeopardy principles and merger doctrine. The child abuse convictions should merge into the felony murder convictions. This approach better aligns with established legal principles and prevents potential double punishment for the same criminal act. Future cases involving multiple charges stemming from a single course of conduct should carefully consider the application of merger doctrine to ensure fair sentencing.