Tag Archives: CC 541C

Intent Plus Aiding Required For SB 1437; But Only The Underlying Felony Has To Be Aided
March 28th, 2023

“Senate Bill 1437’s author described the purpose of the new law as “‘restor[ing] proportional responsibility in the application of California’s murder statute [by] reserving the harshest punishments for those who intentionally planned or actually committed the killing.’” (Assem. Com. on Public Safety, June 26, 2018, Rep. on Sen. Bill No. 1437 (2017-2018 Reg. Sess.), at […]

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CALCRIM Proposes Changes to Felony Murder/Accomplice Instructions Per SB 1437 to Be Effective September 24, 2019
June 14th, 2019

The proposed modifications are summarized in an “Invitation to Comment” (5/28 – 7/5/19; CALCRIM-2019-01). The proposed effective date of the changes is 9/24/19. CALCRIM summarizes the proposed felony murder/accomplice changes as follows:   Senate Bill No. 1437 (2017-2018 Reg. Sess.) substantially changed accomplice liability for felony murder. Malice may no longer be imputed simply from […]

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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 […]

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Synonymous Terminology Used to Designate a Person Who Committed a Crime
February 20th, 2015

  PC 31 and PC 971 use the use the word “principal” to designate a person who may be liable to be convicted for committing a crime. However, some cases use descriptive words such as “participant” or “confederate.” And, some jury instructions (e.g., CC 373, CC 402, CC 415, CC 540C, CC 541C, and CC […]

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