Tag Archives: Felony Murder


Merger Doctrine Not Applicable to First Degree Felony Murder
September 12th, 2022

In People v. Ireland (1969) 70 Cal.2d 522 the CSC held that “the crime of assault with a deadly weapon cannot be used as the sole predicate crime for a second degree felony-murder conviction because, when a firearm is used in a killing, such an assault is “an integral part of the homicide.” In People […]


Tags: , , , ,


Felony Murder: Uncharged Predicate Felony Must Still be Proved Beyond a Reasonable Doubt
March 15th, 2021

PRACTICE NOTE: When a defendant is charged with a felony murder but not the predicate underlying felony, “there is a requirement of proof beyond a reasonable doubt of the underlying felony” (People v. Hart (1999) 20 Cal.4th 546, 609) and “…the defendant is entitled, upon request, to a specific instruction on the necessity of proving […]


Tags: , , ,


Felony Murder Special Circumstance: Knowledge Elements May Be Negated by Intoxication
September 12th, 2020

PC 190.2 (d) provides that, “for the purposes of those special circumstances based on the enumerated felonies in paragraph (17) of subdivision (a), which include robbery and burglary, an aider and abettor must have been a “major participant” and have acted “with reckless indifference to human life…’.” (People v. Clark (2016) 63 Cal.4th 522, 609.) […]


Tags: , , , , , , , , , , ,


CC 540B Factors Relevant to Whether Defendant Acted with Reckless Indifference to Human Life
March 4th, 2020

People v. Clark (2016) 63 Cal.4th 522, 614-620 identified certain factors to guide the jury in its determination of whether the defendant acted with reckless indifference to human life but did not hold that the court has a sua sponte duty to instruct on those factors. Clark noted that these factors had been applied by […]


Tags: , ,


CC 540B Factors Relevant to Whether Defendant Acted with Reckless Indifference to Human Life
March 4th, 2020

People v. Clark (2016) 63 Cal.4th 522, 614-620 identified certain factors to guide the jury in its determination of whether the defendant acted with reckless indifference to human life but did not hold that the court has a sua sponte duty to instruct on those factors. Clark noted that these factors had been applied by […]


Tags: , ,


Is Felony Murder Based on “Inherently Dangerous” Felony Unconstitutionally Vague?
November 5th, 2019

People v. Frandsen (2019) 33 Cal.App.5th 1126 held that the California second-degree felony-murder, which requires a felony “inherently dangerous to human life” in the abstract, is not unconstitutionally vague.  Johnson v. United States (2015) 576 U.S. ___ [192 L.Ed.2d 569, 135 S.Ct. 2551] is distinguishable. Unlike the federal sentencing statute invalidated in Johnson, California’s second-degree […]


Tags: , , ,


Felony Murder: Reckless Indifference” for Tison Finding Must Not Be Based On Defendant’s Actions After The Crime
September 3rd, 2019

In re Taylor (2019) 34 Cal. App. 5th 543 held that given the lack of evidence that defendant planned anything more dangerous than a garden-variety armed robbery, reckless disregard to the risk to human life, for purposes of the felony murder special circumstance under PC 190.2 (d), was not established by defendant’s actions after the […]


Tags: , , , , , , , , , , ,


CALCRIM Proposes Changes to Felony Murder/Accomplice Instructions Per SB 1437 to Be Effective September 24, 2019
June 14th, 2019

The proposed modifications are summarized in an “Invitation to Comment” (5/28 – 7/5/19; CALCRIM-2019-01). The proposed effective date of the changes is 9/24/19. CALCRIM summarizes the proposed felony murder/accomplice changes as follows:   Senate Bill No. 1437 (2017-2018 Reg. Sess.) substantially changed accomplice liability for felony murder. Malice may no longer be imputed simply from […]


Tags: , , , , , , , , ,


Felony Murder: One Continuous Transaction–Defined
July 13th, 2015

  People v. Wilkins (2013) 56 Cal. 4th 333, 342, noted that the Bench Notes for CC 3261 maintain that an instruction on the “escape rule” should not be given in a case involving felony murder. However, in a felony murder case where the facts warranted it, the court must instruct the jury under CC […]


Tags: ,


Felony Murder: Applicability of Duress to Underlying Felony
July 10th, 2015

  When a murder is based on a felony murder theory, the court has a sua sponte duty to give a duress defense instruction (CC 3402) if the defendant claims that he or she committed the underlying felony under duress. (CC 3402 Bench Notes.)  However, if the defendant formed the intent to be an aider […]


Tags: , , , ,