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Jones (2000) 82 Cal.App.4th 663, a California Appeals court held that the charge of evading a police officer causing death was not an acceptable felony under the felony murder rule, as the offense was a felony specifically because it caused the death of a pedestrian.
Los Angeles County Superior Court, California Court of Appeals: Holding; Intent to kill is transferrable to anyone the defendant kills, and is not limited to a specific target; thus, a defendant who unintentionally kills a bystander rather than their target is guilty of murder. Court of Appeals reversed. Court membership; Chief Justice: Ronald ...
In California, the common law "year and a day" rule has been changed to a "three years and a day" rule. [5] If a death occurs more than three years and one day after the act alleged to have caused it (and the act was committed on or after 1 January 1997), there is "a rebuttable presumption that the killing was not criminal", but the prosecution ...
Diminished capacity is a partial defense to charges that require that the defendant act with a particular state of mind. [1] For example, if the felony murder rule does not apply, first degree murder requires that the state prove beyond a reasonable doubt that the defendant acted with premeditation, deliberation, and the specific intent to kill—all three are necessary elements of the state's ...
An Allen charge, also referred to as dynamite or hammer charges, refer to jury instructions given to a hung jury — or a jury that is unable to reach a consensus — urging them to agree upon a ...
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.
A man accused of setting off an improvised explosive device in a California courthouse, injuring at least five people and causing “significant and noticeable damage,” intended to kill deputies ...
Routh appears in court at 11 a.m. on Monday. The firearm charges alone pose maximum penalties of 15 years and 5 years of imprisonment, respectively, plus supervised release and fines of up to ...
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