This section contains the nature of the case and procedural background.

Hokenson (D) was arrested while attempting to rob a drugstore. After he was put in handcuffs, the bomb that he carried with him exploded and killed a police officer. D was convicted of murdering the officer. Murder was defined as homicide committed recklessly under circumstances showing an extreme indifference to human life. Under state law, recklessness was presumed if the perpetrator was engaged in committing, attempting to escape after committing or attempting to commit enumerated felonies. D appealed; his attempted crime was terminated because he was under arrest and the presumption did not apply.

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