SB 1437 and Attempted Murder
August 27th, 2020
A recurring issue in Court of Appeal opinions is whether SB 1437 applies to attempted murder liability under the natural and probable consequences doctrine, and there is currently a split in authority. The California Supreme will consider this issue in People v. Lopez (2019) 38 Cal.App.5th 1087, review granted 11/13/2019 (S258175/B271516). See this post: Two […]
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, Natural and Probable Consequences, PC 1170.95, Premeditation and Deliberation, Retroactivity, SB 1437
Prosecution’s Constitutional Challenge to SB 1437 Rejected and CSC Review Denied
April 14th, 2020
SB 1437 bars liability for felony murder where the defendant wasn’t the actual killer, didn’t intend to kill, and wasn’t a major participant in the underlying felony. In Gooden, the C/A People v. Superior Court (Gooden); 42 CA5th 270 rejected the DA’s argument that SB 1437 unconstitutionally amended Proposition 7 or Proposition 115. Furthermore, People […]
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, Natural and Probable Consequences, PC 1170.95, Premeditation and Deliberation, Retroactivity, SB 1437
Two Issues Regarding Accomplice Liability for Attempted Murder Currently Before the CSC
March 17th, 2020
In 2018, the Legislature and the Governor signed into law Senate Bill No. 1437, (Penal Code which restricted the circumstances under which a person can be liable for felony murder and abrogated the natural and probable consequences doctrine as applied to murder. (Stats. 2018, ch. 1015.) It also established a procedure permitting qualified persons with […]
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, Natural and Probable Consequences, PC 1170.95, Premeditation and Deliberation, Retroactivity, SB 1437
Aider and Abettor: Natural and Probable Consequences – Unanimity as to Commission of Nontarget Offense
October 22nd, 2019
The majority opinion in People v. Smith (2014) 60 Cal. 4th 603 concluded that the requirement of juror unanimity as to all essential elements of the charge does not apply to commission of the nontarget offense alleged under the natural and probable consequences doctrine: The prosecution theory was that Littleton was the killer. But […]
Tags: Accomplice Liability, Aider and Abettor, Apprendi, Attempted Murder, CC 3500, CC 3501, CC 3502, CC 400, CC 401, CC 402, CC 403, Homicide, Mens Rea, Natural and Probable Consequences, Premeditation and Deliberation
Aider And Abettor: Natural And Probable Consequences – Right To Pinpoint Instruction On Defense Theory That Non-Target Crime Was The Independent Product Of The Perpetrator’s Mind Outside Of, Or Foreign To, The Common Design
January 30th, 2015
People v. Smith (2014) 60 Cal. 4th 603 eliminated an element of the natural and probable consequences liability which the prosecution was required to prove by CC 402. However, in so doing Smith provided a basis for a defense pinpoint instruction relating the natural and probable consequences doctrine to evidence that the perpetrator of […]
Tags: Accomplice Liability, Aider and Abettor, CC 402, CC 403, Defense Theory Instructions, Defenses and Defense Theories: Basic Principles, Natural and Probable Consequences, Non-CALCRIM
Aider And Abettor: Natural And Probable Consequences – Unanimity As To Commission Of Nontarget Offense
January 21st, 2015
The majority opinion in People v. Smith (2014) 60 Cal. 4th 603 concluded that the requirement of juror unanimity as to all essential elements of the charge does not apply to commission of the nontarget offense alleged under the natural and probable consequences doctrine: The prosecution theory was that Littleton was the killer. […]
Tags: Accomplice Liability, Aider and Abettor, Apprendi, Attempted Murder, CC 3500, CC 3501, CC 3502, CC 400, CC 401, CC 402, CC 403, Homicide, Mens Rea, Natural and Probable Consequences, Premeditation and Deliberation