Misconduct

Appellant was convicted of three counts of murder after he crashed into another vehicle, killing its three occupants. Appellant’s blood tested positive for methamphetamine. The Court of Appeal held that the trial court erred in instructing the jury that implied malice murder can be based on an act that was “reasonably foreseeable” to cause death (rather than “highly likely” to cause death) and that the prosecutor erred by making arguments to the jury on the same point. The Court of Appeal reversed the murder convictions and ordered that they may be retried on remand.