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
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
Chiu Doctrine Not Applicable to Transferred Intent August 1st, 2016
People v. Chiu (2014) 59 C4th 155 held that an aider and abettor could not be found guilty of premeditated murder under the natural and probable consequences doctrine because the mental state for premeditation and deliberation is “uniquely subjective and personal.” (See The Chiu Doctrine Explained.) However, People v. Vasquez (2016) 246 CA4th 1019 held […]
Tags: Accomplice Liability , Aider and Abettor , Appeal , Attempted Murder , CC 400 , CC 401 , CC 402 , CC 403 , CC 521 , CC 600 , CC 601 , Chiu Doctrine , Premeditation and Deliberation , Standard of Prejudice
The Chiu Doctrine Applies to Conspiracy Liability July 12th, 2016
In Chiu the Supreme Court held an aider and abettor may not be convicted of first degree premeditated murder under the natural and probable consequences doctrine. An aider and abettor’s liability for premeditated first degree murder must be based on direct aiding and abetting principles. See The Chiu Doctrine Explained In re Lopez (2016) 246 […]
Tags: Accomplice Liability , Aider and Abettor , Appeal , Attempted Murder , CC 415 , CC 416 , CC 417 , CC 521 , CC 600 , CC 601 , Chiu Doctrine , Conspiracy , Premeditation and Deliberation , Standard of Prejudice
The Chiu Doctrine Explained July 8th, 2016
People v. Chiu (2014) 59 C4th 155 created an important exception to the natural and probable consequences doctrine with respect to premeditated malice murder and attempted murder. As Chiu explained, “[t]here are two distinct forms of culpability for aiders and abettors. First, an aider and abettor with the necessary mental state is guilty of the […]
Tags: Accomplice Liability , Aider and Abettor , Appeal , Attempted Murder , CC 400 , CC 401 , CC 402 , CC 403 , CC 521 , CC 600 , CC 601 , Chiu Doctrine , Premeditation and Deliberation , Standard of Prejudice
Attempted Murder, Kill Zone July 20th, 2015
Attempted Murder: Aider And Abettor/Provocative Act And Mental State A bracketed portion of CC 601 is provided when the defendant was not the actual killer which states: [The attempted murder was done willfully and with deliberation and premeditation if either the defendant or <insert name or description of principal> or both of […]
Tags: Accomplice Liability , Aider and Abettor , Attempted Murder , CC 601
Attempted Murder: Kill Zone Language July 17th, 2015
People v. Campos (2007) 156 Cal. App. 4th 1228, 1243, upheld instructing the jury with the “kill zone” option of CC 600. However, the Campos court observed that when a jury is instructed on the intent to murder the person whose attempted murder is charged and on express malice, the “kill zone” option is […]
Tags: Attempted Murder , CC 600
California Supreme Court Poised to Weigh In Again on the “Kill Zone” Doctrine. March 30th, 2015
In People v. Canizales, S221958 (E054056; 229 CA 4th 820) the defendant filed a petition for review which framed the question presented as follows: In a criminal case charging attempted murder of a victim who was not killed or even injured, is it error to instruct the jury with a kill-zone instruction if […]
Tags: Attempted Murder , CC 600
Aider And Abettor: Natural And Probable Consequences – Unanimity As To Commission Of Nontarget Offense January 21st, 2015
The majority opinion in People v. Smith (2014) 60 Cal. 4th 603 concluded that the requirement of juror unanimity as to all essential elements of the charge does not apply to commission of the nontarget offense alleged under the natural and probable consequences doctrine: The prosecution theory was that Littleton was the killer. […]
Tags: Accomplice Liability , Aider and Abettor , Apprendi , Attempted Murder , CC 3500 , CC 3501 , CC 3502 , CC 400 , CC 401 , CC 402 , CC 403 , Homicide , Mens Rea , Natural and Probable Consequences , Premeditation and Deliberation
Attempted Murder January 30th, 2014
Attempted Murder: Revision Of Attempted Murder Instruction Per People v. Stone (2009) 46 Cal. 4th 131 The committee revised CC 600, Attempted Murder, in accordance with People v. Stone (2009) 46 Cal. 4th 131. In Stone, the Supreme Court made a direct suggestion to improve the language of CC 600 regarding the kill […]
Tags: Attempted Murder , CC 600
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