Felony Murder Special Circumstance: Knowledge of Reckless Indifference — Must Precede Act of Aiding and Abetting
December 21st, 2020
PC 190.2 (d) provides that, “for the purposes of those special circumstances based on the enumerated felonies in paragraph (17) of subdivision (a), which include robbery and burglary, an aider and abettor must have been a “major participant” and have acted “with reckless indifference to human life…’.” (People v. Clark (2016) 63 Cal.4th 522, 609.) […]
Tags: CC 540B, CC 540C, CC 625, CC 703, CC 730, Felony Murder Special Circumstance, Mens Rea: Knowledge, Mental Impairment, Sample Instructions, Special Circumstances, Tison/Banks
Felony Murder Special Circumstance: Knowledge Elements May Be Negated by Mental Impairment
September 17th, 2020
PC 190.2 (d) provides that, “for the purposes of those special circumstances based on the enumerated felonies in paragraph (17) of subdivision (a), which include robbery and burglary, an aider and abettor must have been a “major participant” and have acted “with reckless indifference to human life…’.” (People v. Clark (2016) 63 Cal.4th 522, 609.) […]
Tags: CC 3428, CC 540B, CC 540C, CC 703, CC 730, Felony Murder Special Circumstance, Mens Rea: Knowledge, Mental Impairment, Sample Instructions, Special Circumstances, Tison/Banks
Felony Murder Special Circumstance: Knowledge Elements May Be Negated by Intoxication
September 12th, 2020
PC 190.2 (d) provides that, “for the purposes of those special circumstances based on the enumerated felonies in paragraph (17) of subdivision (a), which include robbery and burglary, an aider and abettor must have been a “major participant” and have acted “with reckless indifference to human life…’.” (People v. Clark (2016) 63 Cal.4th 522, 609.) […]
Tags: CC 3426, CC 540B, CC 540C, CC 625, CC 703, CC 730, Felony Murder, Mens Rea: Knowledge, Mental Impairment, Sample Instructions, Special Circumstances, Tison/Banks