## Facts

- Michael Thomas Coolen and his girlfriend spent several hours drinking with John Kellar and Barbara Kellar at a pub, then continued drinking at the Kellars’ home.
- Barbara’s nine-year-old son testified that Coolen and John had earlier struggled over a beer.
- Earlier that evening, Coolen displayed a knife to the child and warned him not to step on the door of Coolen’s van.
- Later, while near the van, Coolen allegedly touched Barbara inappropriately; she pushed him away and lost sight of him.
- When John and Coolen’s girlfriend returned from inside the house, Coolen suddenly pulled John backward and stabbed him multiple times.
- Barbara attempted to shield John and was stabbed several times.
- The child came outside and observed Coolen stabbing John as John tried to push him away.
- Coolen fled in his van, striking a tree and the Kellars’ truck.
- John died from stab wounds; Barbara survived.
- At trial, Coolen admitted stabbing John but claimed self-defense; the State proceeded on a premeditated first-degree murder theory.

## Issues

1. Whether the evidence was legally sufficient to prove premeditation required for first-degree murder where the State relied largely on circumstantial proof.
2. Whether the circumstantial evidence of premeditation was inconsistent with every other reasonable inference, including a sudden altercation or impulsive act during intoxication.
3. Whether inadequately briefed appellate claims were waived.

## Decision

- The Florida Supreme Court reversed the first-degree murder conviction and vacated the death sentence because the evidence was insufficient to prove premeditation.
- The court concluded the record supported reasonable inferences inconsistent with a reflective, fully formed decision to kill, including a spontaneous escalation of violence.
- The court treated unbriefed or insufficiently argued appellate points as waived.

## Legal Principles

- Premeditation is the element that distinguishes first-degree murder from second-degree murder.
- Premeditation requires more than intent to kill; it is a fully formed conscious purpose to kill, existing long enough to permit reflection, even if formed moments before the act.
- When the State relies on circumstantial evidence to prove premeditation, the evidence must be inconsistent with every other reasonable inference.
- Failure to fully brief and argue appellate points constitutes waiver of those claims.

## Conclusion

The court held that the State’s proof did not meet Florida’s circumstantial-evidence standard for premeditation, reversed the premeditated first-degree murder conviction, and vacated the death sentence, while reaffirming the definition of premeditation and the rule that inadequately argued appellate claims are waived.


Coolen v. State, 696 So. 2d 738 (Fla. 1997)