When Does the Evidence Support Instruction on “Kill Zone” Theory of Attempted Murder? June 5th, 2019
People v. Medina (2019) 33 Cal.App.5th 146 held that the judge erroneously gave the CALCRIM “kill zone” instruction (CC 600) because there was no evidence that the defendant had “a primary target” whom he attempted to kill: For purposes of an attempted murder charge, intent to kill does not transfer to nontargeted individuals. Nonetheless, […]
Tags: Attempted Murder , CC 600
CSC Opinion on “Kill Zone” Instruction Expected in Early July 2019 June 3rd, 2019
This post California Supreme Court Poised to Weigh In Again on the “Kill Zone” Doctrine March 30th, 2015 discusses People v. Canizales, No. S221958, a case concerning the “kill zone” theory of attempted murder which is currently before the CSC. On April 3, the CSC heard oral argument on another in Canizales. An opinion can […]
Tags: Attempted Murder , 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
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 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
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