Aiding and abetting: Natural and probable consequences–Does Chui Doctrine apply to Lying in wait? March 25th, 2020
People v. Gastelum (Feb. 25, 2020, D075368) ___ Cal.App.4th ___ [pp. 3] held that People v. Chiu (2014) 59 Cal.4th 155 does not apply to first degree murder based on lying in wait. The court observed that because Chiu did not consider the first degree lying-in-wait murder at issue here, and Gastelum did not provide […]
Tags: Accomplice Liability , Aider and Abettor , CC 400 , CC 401 , CC 402 , CC 403 , CC 415 , CC 416 , CC 417 , CC 521 , CC 600 , CC 601 , Chiu Doctrine , First Degree Felony Murder , Lying in Wait
Two Issues Regarding Accomplice Liability for Attempted Murder Currently Before the CSC March 17th, 2020
In 2018, the Legislature and the Governor signed into law Senate Bill No. 1437, (Penal Code which restricted the circumstances under which a person can be liable for felony murder and abrogated the natural and probable consequences doctrine as applied to murder. (Stats. 2018, ch. 1015.) It also established a procedure permitting qualified persons with […]
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 , Natural and Probable Consequences , PC 1170.95 , Premeditation and Deliberation , Retroactivity , SB 1437
Aider and Abettor: Natural and Probable Consequences – Unanimity as to Commission of Nontarget Offense October 22nd, 2019
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. But […]
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
CC 401 SHOULD EXPRESSLY ADDRESS THE FACT THAT MERE KNOWLEDGE OF THE CRIME IS INSUFFICIENT FOR AIDER AND ABETTOR LIABILITY September 5th, 2017
CALCRIM 401 correctly states that “being present as the scene of the crime or [failure] to prevent the crime does not, by itself, make [a person] an aider and abettor.” (See People v. Durham (1969) 70 C2d 171, 181; In re Jose T. (1991) 230 CA3d 1455, 1460.) However, the CALCrim language is incomplete […]
Tags: Accomplice Liability , Aider and Abettor , CC 400 , CC 401 , Defense Theory Instructions
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
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 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
Aiding and Abetting: “Equally Guilty” Language May 12th, 2015
People v. Samaniego held that a portion of CC 400 was incorrect because it instructed the jury that “[a] person is equally guilty of the crime whether he or she committed it personally or aided and abetted the perpetrator who committed it.” (People v. Samaniego (2009) 172 Cal. App. 4th 1148.) CC 400 was […]
Tags: Accomplice Liability , Aider and Abettor , CC 400
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