Felony Murder: Disagreements and Confusion
June 19th, 2015
On April 23, 2010, CC 521 was revised. As explained by the CC Committee, “the definition of deliberation and premeditation in [CC No. 521], Murder: Degrees could be misleading in cases in which an extended act, such as strangling or drowning, causes the homicide.” (Advisory Committee on Criminal Jury Instructions, Report to the Judicial […]
Tags: CC 520, CC 521, CC 640, CC 641, First Degree Felony Murder, Homicide, Second Degree Felony Murder
Partial Acquittal Rule: Does Stone Survive Blueford?
February 16th, 2015
In Stone v. Superior Court (1982) 31 Cal.3d 503 the court recognized that the “deceptively simple” yet “complex, rapidly expanding body of law” surrounding the constitutional prohibition against double jeopardy arose from both the Fifth Amendment to the United States Constitution and Article I, section 15 of the California Constitution. However, Blueford v. […]
Tags: CC 3517, CC 3518, CC 3519, CC 542, CC 641, CC 643, Jury Deliberation, Partial Acquittal, Verdict