Tag Archives: Strategy Notes and Practice Ideas

California’s “Inherently Dangerous” Felony Murder Rule May Be Unconstitutionally Vague Under Johnson v. United State (2015) 135 S.Ct. 2551 [Johnson]
September 24th, 2018

CALCRIM’s Discussion of Inherently Dangerous Second Degree Felony Murder   CC 541A includes a discussion of second degree felony murder based on the defendant’s commission of an “inherently dangerous felony.” This discussion concludes as follows [citations omitted]:   Whether a felony is inherently dangerous is a legal question for the court to determine. In making […]

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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 […]

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