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California Supreme Court Announces SB 1437 Bars Second-Degree Murder Based on Natural and Probable Consequences Doctrine
by Douglas Ankney
The Supreme Court of California held that Senate Bill 1437 (2017-2018 Reg. Sess.) (“SB 1437”) bars a conviction for second-degree murder predicated on the natural and probable consequences (“NPC”) doctrine, but the ameliorative provisions of SB 1437 are available exclusively via a petition pursuant to California Penal ...
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More from this issue:
- Faulty Forensics and Wrongful Convictions, by Matthew Clarke
- Seventh Circuit Affirms Vacatur of Death Sentence Based on Newly Discovered Evidence of Defendant’s Intellectual Disability, by Douglas Ankney
- Machinery of Death: When the Government Acts as Judge, Jury and Executioner, by John W. Whitehead
- Seventh Circuit: Indiana’s Sex Offender Registration Act’s ‘Other Jurisdiction Requirement’ Unconstitutional Violation of Right to Travel, by Douglas Ankney
- Ohio Supreme Court: Retroactive Application of Sexually Violent Predator Law Violates Ex Post Facto Clause, by Dale Chappell
- Alabama Supreme Court Announces Testimony About Cell-Site Location Data Is ‘Scientific’ Expert Testimony, Not Lay, Triggering Daubert Analysis, by Anthony Accurso
- Maryland Court of Appeals: MTA’s Fare Sweep Constitutes Suspicionless Seizure in Violation of Fourth Amendment, by Douglas Ankney
- North Carolina Supreme Court: Judge May Not Reject Informed Guilty Plea Because Defendant Refuses to Admit He’s Factually Guilty, by David Reutter
- How the Criminal Justice System Fails People With Mental Illness, by Jordan Smith
- Third Circuit: Brady Claims in Habeas Petitions Timely When Filed Within One Year of Date Reason to Believe Prosecutor Violated Duty To Disclose, by Douglas Ankney
- Pennsylvania Supreme Court Announces Departure From SCOTUS’ Vehicle Exception to Warrant Requirement, Commonwealth’s Constitution Provides Greater Protections, by Anthony Accurso
- California Court of Appeal: Lack of Notice of Filing Deadline Due Process Violation, Allowing Late Challenge to Erroneous Parole Designation, by Dale Chappell
- Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim, by Douglas Ankney
- Massachusetts Supreme Court Announces ‘Habitual Offender’ Statute Allows for Sentence of Probation Only, by Dale Chappell
- Hawai’i Supreme Court Announces Clarification of When Self-Induced Intoxication Exception of HRS § 702-230 Applies, by Matthew Clarke
- STAR Program Redirecting Mental Health Emergency Calls Away From Police a Success in Denver, by Kevin Bliss
- Kentucky Supreme Court Announces Appellate Standard of Review for Domestic Abuse Exemption to Violent Offender Parole Eligibility, by Anthony Accurso
- Fifth Circuit: Evidence of Simple Drug Possession Insufficient to Search Cellphone Photos for Evidence of Drug Trafficking, by Anthony Accurso
- California Supreme Court Announces SB 1437 Bars Second-Degree Murder Based on Natural and Probable Consequences Doctrine, by Douglas Ankney
- New Drone Tech Being Deployed by Police, by Anthony Accurso
- Pennsylvania Supreme Court: Officer Testified as Expert on Child Sexual Abuse Without First Being Qualified and 42 Pa.C.S. § 5920 Overruled Dunkle, by Douglas Ankney
- "Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel", by Douglas Ankney
- D.C. Circuit: Differing Counsel Effectiveness Findings Create Possible Injustice in Wired Plea Offer, by David Reutter
- Second Circuit: Jury Instructions Regarding Defendant’s Motive to Testify Falsely Improper, by Anthony Accurso
- California Court of Appeal Overturns Child Sex Abuse Convictions Based on Prosecution’s Violation of Brady Obligations by Withholding Witness Impeachment Evidence, by Matthew Clarke
- Fourth Circuit: Conditions of Release Banning Internet Access and Legal Pornography Overbroad and Not Reasonably Related, by Douglas Ankney
- Kentucky Supreme Court Reverses Murder Convictions Due to ‘Flagrant Prosecutorial Misconduct’ in Misleading Jury, by Matthew Clarke
- Capitol Police Department Repeatedly Sued Over Racial Discrimination, by Casey Bastian
- Hundreds Serving Life Due to Less Than Unanimous Jury Verdicts, by Edward Lyon
- Nevada Supreme Court Reverses Conviction for Murdering Sixth Wife Due to Improper Prior Bad-Act Evidence Regarding Murder of Second Wife, by Matthew Clarke
- Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding, by Douglas Ankney
- Hidden Sentences, by Jayson Hawkins
- Law Degree for South Carolina Magistrates Optional, by Michael Fortino, Ph.D
- Policing Prostitution in New York, by Jayson Hawkins
- Tech Company Enables Total Surveillance, by Jayson Hawkins
- Image of Men Urinating on Grave Protected by First Amendment, by Michael Fortino, Ph.D
- Shifting View of Criminal Justice in U.S., by Jayson Hawkins
- Philadelphia Man Exonerated After Police Cover-Up Exposed, by Casey Bastian
- New Jersey Man Wrongly Arrested Due to Flawed Face Recognition Match, by Anthony Accurso
- Man Serving 505-Year Sentence Granted Compassionate Release Due to COVID-19
- Police Robo Stalkers in a Location Near You, by Douglas Ankney
- News in Brief
More from Douglas Ankney:
- $1.2 Million in Settlements Reached in Suit Over Sacramento Jail Murder, May 1, 2025
- Eleventh Circuit Revives Volunteer Pastor’s First Amendment Claim at Georgia Jail, May 1, 2025
- Wellpath Sanctioned for Discovery Violation in Suit Over Kentucky Prisoner’s Death, May 1, 2025
- Second Circuit Revives Connecticut Prisoner’s Challenge To Conditions In Virginia Lockup Where He Was Transferred, May 1, 2025
- Missouri Pays More Than $1.2 Million for Deputy Warden’s Sexual Harassment Claim Against Warden, May 1, 2025
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025
- Connecticut Supreme Court Announces Teague’s ‘Watershed’ Rule Exception to Nonretroactivity of New Constitutional Rule of Criminal Procedure on Collateral Review Has ‘Continued Vitality’ in Connecticut, Adoption of Third Exception to Teague’s Nonretroacti, April 15, 2025
- Fourth Circuit: District Court Erred in Imposing ‘Managerial Role’ Enhancement Under Guidelines § 3B1.1(b) Without Making ‘Particularized Findings’ Regarding Scope of Criminal Activity and Number of Participants as Required by Guidelines §1B1.1, April 15, 2025
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025
- Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, April 1, 2025
More from these topics:
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025. Vehicle Searches, Probable/Proximate Cause, Warrantless Searches, Marijuana Laws/Issues.
- Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized, Dec. 1, 2024. Probable/Proximate Cause, Warrants - Requirements/Scope/Exceptions.
- SCOTUS Announces Existence of Probable Cause for One Charge in Criminal Proceeding Does Not Categorically Defeat Fourth Amendment Malicious-Prosecution Claim Relating to Another Baseless Charge, Aug. 1, 2024. Probable/Proximate Cause, False Arrrest/Malicious Prosecution, Terry Stops.
- SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’, Aug. 1, 2024. Retaliation, Probable/Proximate Cause, Arrest/Arraignment, Court of Claims.
- Minnesota Supreme Court Announces Odor of Marijuana Alone Emanating From Vehicle Insufficient for Probable Cause to Search Under Automobile Exception, Feb. 15, 2024. Probable/Proximate Cause, Searches - Automobile.
- Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim, Nov. 1, 2023. Ineffective Assistance of Counsel, Probable/Proximate Cause, Prejudice - Potential for Undue, Timeliness.
- Seventh Circuit: Whether Right to Counsel ‘Attaches’ Is Not Dependent on Defendant’s Appearance at Probable Cause Hearing, Sept. 1, 2023. Disciplinary Hearings, Court Appearances, Probable/Proximate Cause, After Request for Counsel.
- Eighth Circuit Requires Source-of-Funds Finding Before Allowing BOP to Raid Account of Federal Prisoner in Missouri, June 15, 2023. Seizure of Prisoner Funds, Probable/Proximate Cause.
- Sixth Circuit: “Minimal Findings Necessary” Before Garnishing Funds From Federal Prisoner in Ohio, June 15, 2023. Seizure of Prisoner Funds, Probable/Proximate Cause.
- Eighth Circuit Announces ‘Probable Cause’ Is Proper Standard for Determining Whether Parolee Resides at Third-Party’s Residence for Purposes of Warrantless Searches, March 15, 2023. housing, Probable/Proximate Cause, Conditions of.