SB 1437 Felony and NPC Murder

Name: People v. Superior Court (Gooden)
Case #: D075787
Opinion Date: 11/19/2019
  • Categories: Constitutionality, SB 1437, SB 1437 Felony and NPC Murder, Sentencing

Summary

Senate Bill No. 1437's substantial amendment of the felony murder rule and natural and probable consequences doctrine does not impermissibly alter prior voter initiatives (Propositions 7 and 115). In 1982, defendant Gooden was convicted of first degree felony murder for…

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Name: People v. Lamoreaux
Case #: D075794
Opinion Date: 11/19/2019
  • Categories: Constitutionality, SB 1437, SB 1437 Felony and NPC Murder, Sentencing

Summary

SB 1437 (including the resentencing process established in Penal Code section 1170.95) does not violate the separation of powers doctrine by infringing on the executive's clemency power. In 2013, defendant was convicted of felony murder with a special circumstance finding.…

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Name: People v. Carter
Case #: D073865
Opinion Date: 04/29/2019
  • Categories: Double Punishment (PC 654), SB 1437 Felony and NPC Murder, Sentencing

Summary

In case involving multiple theories to support first degree murder conviction, jury's not-true finding on personal firearm use enhancement did not foreclose trial court's discretion under Penal Code section 654 to impose sentences for both first degree murder and attempted…

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Name: In re Taylor
Case #: A155328
Opinion Date: 04/19/2019
  • Categories: Evidence, Extraordinary Remedies, Habeas Corpus (State), Insufficiency/Sufficiency of, SB 1437 Felony and NPC Murder, Sentencing

Summary

Petitioner was entitled to habeas relief based on Banks and Clark because his actions after a murder betraying an indifference to the loss of life do not, standing alone, establish sufficient evidence that he acted with reckless indifference to human…

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