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California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-Murder Theory
by Douglas Ankney
The Supreme Court of California vacated Tyree Ferrell’s second degree murder conviction because his jury was instructed on a now invalid theory of felony-murder and the jury’s finding of an enhancement that he intentionally discharged a firearm that caused a death in committing his offense when coupled ...
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More from this issue:
- Police Misconduct Reform: Forcing Police Officers to Have ‘Skin in the Game’ by Creating Financial Incentives with Insurance Premiums, by David Reutter
- Sixth Circuit: Sentence Procedurally Unreasonable Where District Court Failed to Explain Decision to Impose Consecutive Sentences and Substantively Unreasonable Where Court Improperly Weighed Sentencing Factors, by Douglas Ankney
- Closed Circuit Cameras: Not the Objective Lenses We’re Told, by Benjamin Tschirhart
- Database Containing 450,000 Records of NYPD Misconduct Now Available, by Douglas Ankney
- Ninth Circuit Announces District Courts Have Discretion to Consider Non-Retroactive Changes in Post-Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reduction, by Douglas Ankney
- New Tool Used by Police to Improve Interviewing Skills, by Jordan Arizmendi
- New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, by Richard Resch
- Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review, by Douglas Ankney
- U.S. Sentencing Commission Publishes Compassionate Release Datafile for Fiscal Years 2020-2022, by Casey Bastian
- SCOTUS Announces Pending Investigation or Proceeding Is Not Required for an Offense to be ‘Related to Obstruction of Justice’ and Qualify as ‘Aggravated Felony’ in Removal of Noncitizen, by Douglas Ankney
- We’re All Suspects in a DNA Lineup, Waiting to be Matched with a Crime, by Nisha Whitehead, John W. Whitehead
- California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-Murder Theory, by Douglas Ankney
- U.S. Supreme Court Announces § 2255(e)’s ‘Saving Clause’ Does Not Enable Prisoners to File § 2241 Petition Based on AEDPA’s Rule Against Second or Successive § 2255 Motions, by Douglas Ankney
- ‘Data for Defenders’: Valuable New Resource for Defense Counsel and Pro Se Litigants, by Jordan Arizmendi
- Maryland Supreme Court: Firearms Identification Methodology Does Not Provide Reliable Basis for Expert’s Unqualified Opinion That Bullets Recovered at Crime Scene Were Fired From Defendant’s Gun, by Douglas Ankney
- California Court of Appeal: Trial Court Abused Discretion in Failing to Recall Terminally Ill Prisoner’s Sentence Following CDCR’s Recommendation for Compassionate Release, by Douglas Ankney
- American Bar Association’s 2023 Plea Bargain Task Force Report, by Carlo Difundo
- Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’, by Douglas Ankney
- D.C. Circuit Orders New Trial Due to Brady Violations Involving Source of Information, Not Withholding of Information Itself, by Richard Resch
- Texas Court of Criminal Appeals Holds Granting Motion for New Trial Because ‘Verdict Is Contrary to Law and Evidence,’ Without Further Explanation, Bars Retrial, by Matthew Clarke
- Third Circuit Vacates Possession of Cocaine Conviction Due to Insufficient Evidence to Support Weight Element, by David Reutter
- How the Backdoor Loophole Enables the FBI to Search Your Communications Without a Warrant, by Michael Thompson
- Ninth Circuit Announces No Deference to Application Note 1 to Guideline § 4B1.2(b) Because It Impermissibly Expands Definition of ‘Controlled Substance Offense’, by Douglas Ankney
- Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review, by Douglas Ankney
- Digital Voiceprinting Is Not Ready for Court, by Anthony Accurso
- Oregon Supreme Court Clarifies Mansor Ruling for Search Warrants for Digital Data and Announces Framework for Suppression When Warrant Contains Both Constitutional and Unconstitutional Search Categories, by Anthony Accurso
- News in Brief
More from Douglas Ankney:
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025
- $340,000 for Former Massachusetts Prisoner Whose Baby Was Stillborn, July 15, 2025
- New Jersey Supreme Court Refuses Guard’s Challenge to Firing for Failing to Report Kiss with Prisoner, July 15, 2025
- New York City Loses Bid to Withhold Jail Records, July 15, 2025
- Eleventh Circuit Announces New Deliberate Indifference Framework in Dismissing Georgia Prisoner’s Claim for Skipped Anti-Seizure Meds, July 15, 2025
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025
- Ohio Supreme Court Says Sheriff Must Get and Disclose Records of Private Contractors, July 15, 2025
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025
- South Carolina Prisoners Granted Class-Action Status in Suit Over Low Wages in Prison Industries Jobs, July 15, 2025
More from these topics:
- Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification, Aug. 1, 2025. Jury Instructions, Ineffective Assistance of Counsel, Inconsistent.
- California Court of Appeal: Trial Court Misconstrued Elements of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing, Aug. 1, 2025. Murder/Felony Murder, Resentencing, Failure to Prove.
- South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis, May 15, 2025. Defenses, Jury Instructions.
- Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions on Self-defense and Defense of Others, May 15, 2025. Defenses, Jury Instructions, Jury Instructions in Jury Room.
- Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025. Jury Instructions, Evidence - Failure to Disclose.
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025. Settlements, Wrongful Conviction, Wrongful Imprisonment, Murder/Felony Murder.
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025. Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility.
- California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051, Feb. 15, 2025. Equal Protection Clause/Claims, Murder/Felony Murder, Juvenile Offenses/Offenders, Probation, Parole & Supervised Release.
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025. Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment.
- Vermont Supreme Court Eliminates Year-and-a-Day Rule in Murder Prosecutions, Feb. 1, 2025. Prison/Jail Murders, Murder/Felony Murder, Pre-Trial Motions.