Revised Kill Zone Instruction Is Still Defective
July 14th, 2022
People v. Canizales (2019) 7 Cal.5th 591, 607-09 concluded that CC 600 [September 2019 version] was deficient and recommended revisions of that instruction. (See CSC Calls For Revision Of Kill Zone Instruction (CC 600).) Canizales explained that the instruction was flawed because it did not adequately define the term “kill zone” and failed to direct […]
Tags: Attempted Murder: Kill Zone, CC 600
Reviewing Court Holds That Judge Correctly Instructed Jury With “Kill Zone” Theory
December 1st, 2021
When a single act is charged as the basis for the attempted murders of two or more persons, the intent to kill element must be proved independently as to each alleged victim. A so-called “kill zone” instruction is only proper when: (1) the circumstances of the defendant’s attack on a primary target are such that […]
Tags: Attempted Murder: Kill Zone, CC 600
CSC Calls For Revision Of Kill Zone Instruction (CC 600)
February 18th, 2020
People v. Canizales (2019) 7 Cal.5th 591, 607 concluded that CC 600 was deficient and recommended revisions of that instruction as follows: “We therefore conclude that the kill zone theory for establishing the specific intent to kill required for conviction of attempted murder may properly be applied only when a jury concludes: (1) the circumstances […]
Tags: Attempted Murder: Kill Zone, CC 600
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 […]
Tags: Attempted Murder: Kill Zone, CC 600
FAVORABLE KILL ZONE CASE
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 […]
Tags: Attempted Murder: Kill Zone, CC 600
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 […]
Tags: Attempted Murder: Kill Zone, CC 600