Unfortunately, recent case law in Missouri obliterated the merger doctrine. This Note aims to expose the faulty reasoning applied by Missouri courts in abrogating the merger doctrine. In Part II, this Note will summarize the history of the merger doctrine, both generally and in Missouri. Then, Part III highlights the recent developments in Missouri law regarding felony murder and the merger doctrine. In Part IV, this Note discusses the purpose of the merger doctrine, the rules of interpretation regarding Missouri’s felony murder provision, and why Missouri courts incorrectly decided the merger doctrine no longer functions as a valid legal theory in Missouri. Finally, Part V concludes this Note with a short discussion about the future of the merger doctrine and the role the Supreme Court of Missouri must play in that future.
The Missouri Felony Murder Rule’s Merger Limitation: A Doctrine in Limbo,
80 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol80/iss4/17