Unintelligible Verdict Forms
August 29th, 2016
When a jury states it has a verdict and submits signed and dated guilty and not guilty verdicts on the same count, the flaw is not merely one of inconsistency in the verdicts; the jury’s verdict on that count is simply unintelligible. (See People v. Carbajal (2013) 56 Cal.4th 521.) The court’s failure to notify […]
Tags: Verdict
Imperfect SELF DEFENSE AND DELUSIONS
August 29th, 2016
A defendant who acts with the state of mind required for imperfect self-defense does not harbor express malice. “Two factors may preclude the formation of malice and reduce murder to voluntary manslaughter: heat of passion and unreasonable self-defense.” (People v. Elmore (2014) 59 Cal.4th 121, 133. California law allows the jury to consider a defendant’s […]
Tags: CC 571, Imperfect Self Defense
CC 207: Proof Need Not Show Actual Date: Ex Post Facto Violation
August 29th, 2016
In People v. Rojas (2015) 237 CA4th 1298, 1306-07 the defendant argued that a modified version of CC 207 resulted in an ex post facto violation because the instruction allowed the jurors to convict Rojas of violating PC 288.7(a) based on events which occurred prior to the effective date of the statute. “It is the […]
Tags: CC 207, Ex Post Facto
“Functional Equivalent” of LWOP and Juvenile Offenders
August 22nd, 2016
People v. Franklin (2016) 63 /c4th 261 held that juvenile homicide offenders may not be sentenced to the “functional equivalent” of LWOP without the protections outlined in Miller v. Alabama (2012) 567 U.S. __. Initially the CSC held that Miller’s prohibition on LWOP sentences for juvenile homicide offenders also prohibits sentences that are the “functional […]
Reversible Chiu Error: Not Clear Beyond A Reasonable Doubt That Jurors Rejected Natural and Probable Consequences Theory
August 22nd, 2016
People v. Brown (2016) 247 CA4th 211 reversed Brown’s first degree murder conviction in light of People v. Chiu (2014) 59 Cal.4th 155. The jury was instructed on three first degree murder theories: (1) Brown was the actual killer, (2) he aided and abetted the actual killer with the intent to kill, and (3) he […]
Tags: Accomplice Liability, Aider and Abettor, Appeal, Attempted Murder, CC 400, CC 401, CC 402, CC 403, CC 415, CC 416, CC 417, CC 521, CC 600, CC 601, Chiu Doctrine, Premeditation and Deliberation, Retroactivity, Standard of Prejudice
Mens Rea and PTSD
August 22nd, 2016
People v. Herrera (2016) 247 CA4th 467 held that exclusion of psychiatric testimony regarding the defendant’s post-traumatic stress disorder (PTSD) required reversal of his murder conviction. PC 28 and 29 limit the use of mental disorder evidence to negate a defendant’s capacity to form any mental state is prohibited, but may be offered on the […]
Tags: CC 3428, Defense Theory Instructions, Defense Theory: Mens Rea/Intent, Expert Testimony, Mens Rea, Murder
Chun Error: 9th Circuit overturns CSC Finding of harmless error
August 15th, 2016
Chun was convicted of second-degree felony murder based on shooting at an occupied motor vehicle either directly or as an aider and abetter. He appealed, arguing that felony murder was inapplicable under the merger doctrine. He also contended that improperly giving the jury the felony murder instruction allowed the jury to convict him of second-degree […]
Tags: CC 541A, CC 541B, CC 541C, Merger, Standard of Prejudice
Chiu Error: Review Granted to Reconsider People v. Favor (2012) 54 Cal.4th 868
August 15th, 2016
The CSC has granted review in several cases to consider whether to convict an aider and abettor of attempted willful, deliberate and premeditated murder under the natural and probable consequences doctrine, must a premeditated attempt to murder have been a natural and probable consequence of the target offense? In other words, should People v. Favor […]
Tags: Accomplice Liability, Aider and Abettor, Appeal, Attempted Murder, CC 400, CC 401, CC 402, CC 403, CC 415, CC 416, CC 417, CC 521, CC 600, CC 601, Chiu Doctrine, Premeditation and Deliberation, Retroactivity, Standard of Prejudice
CSC Review Granted: Lesser Included Offenses and Proposition 47
August 15th, 2016
The CSC has granted review in three cases to consider whether Proposition 47 (“the Safe Neighborhoods and Schools Act”) applies to the offense of unlawful taking or driving a vehicle (Veh. Code, 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to […]
Tags: Lesser Included Offenses
Chiu Applies Retroactively to Convictions That Were Final on Appeal When Chiu Was Decided
August 9th, 2016
In re Lopez (2016) 246 CA4th 350 concerned a conviction which was final on appeal when People v. Chiu (2014) 59 C4th 155 was decided. See The Chiu Doctrine Explained. The Chiu opinion did not state whether it applied retroactively to convictions that were final on appeal when it was decided. Lopez concluded that Chiu […]
Tags: Accomplice Liability, Aider and Abettor, Appeal, Attempted Murder, CC 400, CC 401, CC 402, CC 403, CC 415, CC 416, CC 417, CC 521, CC 600, CC 601, Chiu Doctrine, Premeditation and Deliberation, Retroactivity, Standard of Prejudice
