Tag Archives: Retroactivity


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 […]


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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 […]


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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 […]


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