Also known as: merger rule · merger doctrine
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A doctrine under which inchoate offenses such as solicitation, attempt, and conspiracy merge into a completed felony when the principal crime occurs. The completed offense absorbs the preliminary conduct so that only the felony supports conviction and punishment.
A doctrine under which inchoate offenses such as solicitation, attempt, and conspiracy merge into a completed felony when the principal crime occurs. The completed offense absorbs the preliminary conduct so that only the felony supports conviction and punishment.
Select any source to read its text and confirm it supports the definition.
A doctrine providing that a contract for the sale of land merges into the deed upon delivery and extinguishes contractual promises relating to title. The doctrine also extinguishes an easement when the same party acquires both the dominant and servient estates to the extent the fee permits the same uses.
Select any source to read its text and confirm it supports the definition.
A doctrine providing that a contract for the sale of land merges into the deed upon delivery and extinguishes contractual promises relating to title. The doctrine also extinguishes an easement when the same party acquires both the dominant and servient estates to the extent the fee permits the same uses.
Each sense below has its own examples, sources, and questions.
Roland Rhodes asks a friend to break into a warehouse and steal electronics. The friend completes the burglary. Prosecutors charge Rhodes only with the completed felony. The inchoate solicitation merges into the burglary so that the preliminary conduct supports no separate conviction.
Roger Ramirez and Riley Rivera agree to extort money from a local business owner. They later carry out the extortion. Federal prosecutors obtain a conviction only on the completed offense. The conspiracy merges into the substantive crime and supplies no independent felony liability.
Rosa Ruiz and a co-conspirator agree to distribute controlled substances and then complete several sales. The government indicts only for the completed distribution offenses. The conspiracy merges into those felonies and cannot support a separate conviction under the merger doctrine.
Yes. When the principal offense is completed the inchoate conduct merges into the felony so that only the completed crime supports conviction.
Supporting sources
Raphael Rivera sells a commercial building to Renee Rogers under a contract that requires Rivera to repair the roof before closing. At closing Rivera delivers a warranty deed silent on the roof. Rogers later discovers the unrepaired roof. The contractual repair obligation merges into the deed and cannot be enforced after delivery.
Merger occurs upon delivery of the deed at closing. Contractual promises relating to title are extinguished while promises concerning physical condition may survive absent clear intent to merge.
Supporting sources
Yes. When one owner holds both estates the easement merges into the fee to the extent the fee permits the same uses that the easement authorized.
Supporting sources
No. Once merger occurs the easement is permanently extinguished. A subsequent conveyance that separates title does not revive the old servitude without a new grant or reservation.
Supporting sources
…offense in one provision, § 1951, manifested an intent not to punish commission of two offenses cumulatively. Unlike the merger doctrine, petitioner’s position does not question that the Government could charge a conspiracy even when the substantive crime that was its object had been completed. His concern is with the…