Tag Archives: Felony Murder


Act Causing Death Not Distinct from Underlying Felony
July 6th, 2015

  On April 23, 2010, CC 540A, as well as CC 540B and CC 540C, were revised. As explained by the CC Committee, it was pointed out to them that the first degree felony murder instructions refer to the “act causing death” as though it were distinct from the underlying felony and this could be […]


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No Causation Instruction In Single Perpetrator Felony Murder Case
May 1st, 2014

  The causation instruction in CC 240 should not be used in single-perpetrator felony murder cases. CC 730 correctly specifies that felony murder encompasses a far wider range of individual culpability than other murders. (People v. Huynh (2012) 212 Cal. App. 4th 285, 310-311.)


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Grossly Negligent Shooting Of Firearm: Defense Theory Of Belief That Gun Was Unloaded
March 30th, 2014

    If the defendant actually believed that the firearm he or she discharged was unloaded, the defendant has not violated this statute. (People v. Robertson (2004) 34 Cal. 4th 156.) However, Robertson was overruled in People v. Chun (2009) 45 Cal. 4th 1172, as follows:   To avoid the anomaly of putting a person […]


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Felony Murder Special Circumstances: Required Elements
February 1st, 2014

  In a felony-murder special-circumstances case the judge has a duty to instruct that the defendant must (1) have personally had the intent to kill or (2) have been a major participant in the commission of the underlying felony and have acted with reckless indifference to human life. (People v. Mil (2012) 53 Cal. 4th […]


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