Tag Archives: Attempted Murder: Kill Zone

California Supreme Court Continues to Grant Review in “Kill Zone” Cases
September 14th, 2016

On July 27, 2016 the CSC granted review in yet a another “kill zone” case: People v. Cardona (2016) 246 Cal.App.4th 608, review granted 7/27/2016 (S234660/B261458). Briefing deferred pending decision in People v. Canizales (2014) 229 Cal.App.4th 820, review granted 11/19/2014 (S221958/E054056), which presents the following issue: Was the jury properly instructed on the “kill […]

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August 29th, 2016

In People v. Falaniko, No. B259918, 2016 Cal. App. LEXIS 632, at *14-15 (Ct. App. July 29, 2016) there was evidence that the defendant shot into a building, but no evidence that he intended to kill everyone inside or that two of the victims were in fact inside. The reviewing court held that there must […]

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Kill Zone Theory Only Applies When Defendant Tried to Kill Everyone in the “Kill Zone” -– Correlation Between Number of Victims and Shots Fired or Existence of A Primary Target — Is Not Alone Determinative
July 7th, 2016

The kill zone theory applies where the defendant attempts to kill an entire group of people in order to kill a specific victim. Because the defendant acts with the specific intent to kill everyone in the victim’s vicinity he is guilty of attempted murder of each member of the group. (See FORECITE F 600.2 Inst […]

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