Following the hearing on March 6, 2007, Attorney Phillips wrote on this site:

"The hearing lasted one hour, raised a great number of questions, and provided few answers. It appears clear that the court will reverse the trial judge, probably on the ground that he incorrectly applied the test for second degree murder. The court most likely will hold that a defendant can be convicted of second degree murder if he consciously disregards the fact that his actions present a substantial risk of severe bodily injury or death. The court probably will remand the case to the trial judge for his reconsideration in light of the high court's decision. Judge James Warren then will have to weigh the evidence and decide whether it satisfies the supreme court's formulation of the second degree murder standard."