Murder--Felony Murder

Name: People v. Madrigal (2023) 93 Cal.App.5th 219
Case #: H046577
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 07/06/2023
  • Categories: Discovery, Felony Murder, Murder--Banks/Clark, Murder--Felony Murder, SB 1437

Retroactive application of Senate Bill No. 1437 entitled defendant to reversal of first degree murder conviction, where the jury was not instructed on the new elements of felony-murder. Madrigal was among a group of four or five men who got…

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Name: In re Ferrell (2023) 14 Cal.5th 593
Case #: S265798
Court: CA Supreme Court
Opinion Date: 04/06/2023
  • Categories: Appeals, Crimes, Elements of Crimes, Enhancements, Mens Rea, Murder--Felony Murder, Review Principles, Sentencing

The jury’s true finding on a firearm enhancement (Pen. Code, § 12022.53, subd. (d)) did not render Chun error harmless beyond a reasonable doubt. Ferrell was convicted of the second degree murder of his fellow-gang member who was killed when…

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Name: People v. Guiffreda
Case #: D079834
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/03/2023
  • Categories: Crimes, Felony Murder, Murder--Banks/Clark, Murder--Felony Murder, SB 1437

Petitioner’s murder sentence must be vacated under Penal Code section 1172.6 where substantial evidence did not support a finding that she acted with reckless indifference to human life. In 2003, 19-year-old Guiffreda and codefendants Peace and Oie (Guiffreda’s husband) noted…

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Name: People v. Bradley
Case #: A159105
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 06/24/2021
  • Categories: Crimes, General Principles, Jury Instructions, Lesser-Included Offenses, Murder--Felony Murder

The evidence of reckless indifference to human life supported defendants' convictions for felony murder. Defendants participated in an attempted robbery, during which one of the victims was killed. During their initial trial, Senate Bill No. 1437 was passed, which amended…

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