Background
The appellant, Tracy Lampron Cloud, was convicted of second-degree murder in Oregon state court for the death of Philip Louis Cloud. After her conviction was affirmed by the Oregon Court of Appeals and the Oregon Supreme Court denied review, a final judgment issued. The plaintiff, Ruth Munger, representing the estate, sought summary judgment in federal court to prevent the appellant from receiving ERISA benefits, citing the slayer rule. The district court granted summary judgment, and the appellant appealed.
The court’s reasoning
The Ninth Circuit reviewed the grant of summary judgment de novo. The court determined that no triable factual dispute existed regarding whether the appellant was the slayer, as her criminal conviction was final. Under both Oregon and California law, a killer is not entitled to the decedent’s pension. The court noted that even if state slayer statutes were preempted by federal law, federal common law would still bar the appellant from benefiting from her crime. The court also affirmed the district court’s application of issue preclusion under the Full Faith and Credit Act, finding the appellant had a full and fair opportunity to litigate the murder charge. Claims regarding Fifth and Sixth Amendment rights were dismissed as not pleaded or adjudicated below. The court also affirmed the denial of counsel appointment and leave to amend the complaint.
What it means going forward
This ruling reinforces that a final criminal conviction for murder serves as conclusive evidence in civil proceedings to deny retirement benefits to a convicted killer, applying both state slayer statutes and federal common law principles.