Is Felony Murder Based on “Inherently Dangerous” Felony Unconstitutionally Vague?
November 5th, 2019
People v. Frandsen (2019) 33 Cal.App.5th 1126 held that the California second-degree felony-murder, which requires a felony “inherently dangerous to human life” in the abstract, is not unconstitutionally vague. Johnson v. United States (2015) 576 U.S. ___ [192 L.Ed.2d 569, 135 S.Ct. 2551] is distinguishable. Unlike the federal sentencing statute invalidated in Johnson, California’s second-degree […]
Tags: CC 541, Felony Murder, Strategy Notes and Practice Ideas, Void for Vagueness
Jury Unanimity (CC 3500 or CC 3501): Child Molestation: Emphasis of What Must Be Found Vis a Vis Multiple Sex Crimes
May 8th, 2015
To convict a defendant of multiple sex crimes that are not distinguished: the jury must find 3 prerequisites “‘We see no constitutional impediment to allowing a jury, so instructed to find a defendant guilty of more than one indistinguishable act, providing. . .three minimum prerequisites. . .are satisfied.’ [Citation.] Those prerequisites include generic evidence describing […]
Tags: CC 3500, CC 3501, Jury Unanimity (Duplicity), Sex Crimes, Strategy Notes and Practice Ideas