Understanding California’s New Felony Murder Statute and What It Means for the Accused
Understanding California's New Felony Murder Statute and What It Means for the Accused California’s revised felony murder statute marks a significant shift in how justice is served under the law. For anyone facing felony murder charges in the state, it’s crucial to understand what has changed and how these updates may affect your case. This blog post will guide you through the nuances of the new statute, providing key insights…
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If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437
If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437 On November 19, 2020, the California Court of Appeals affirmed (i.e. upheld) a prisoner’s murder conviction. The appellant in this case, prisoner Derrick Swanson, was involved in a robbery of a gas station in Long Beach, California in the 1990’s. After robbing the gas station attendant and firing a shot at the attendant…
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Can someone be charged with First Degree murder if they never actually killed anyone?
Can someone be charged with First Degree murder if they never actually killed anyone? Did you know that you can be convicted of murder even if you never killed anyone?. The case of In In re McDowell indicates that in fact you can be charged and convicted of murder in certain situations. In the case of Donald William McDowell, Mr. McDowell and his accomplice broke into the home of a…
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California Penal Code 1170.95 Empowers Anyone with a Felony Murder Charge to Shorten Their Sentence
California Penal Code 1170.95 Empowers Anyone with a Felony Murder Charge to Shorten Their Sentence On September 30, 2018, the California Legislature passed Senate Bill No. 1437, which became effective January 1, 2019. This bill made changes to felony murder and murder under a natural and probable consequences doctrine. Before Senate Bill No. 1437, defendants could be charged with murder even if they were not the actual killer, did not…
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Felony Murder Conviction Upheld Because Defendant Acted with Reckless Indifference for Human Life
Felony Murder Conviction Upheld Because Defendant Acted with Reckless Indifference for Human Life In 2000, a man was convicted in San Bernardino for a home invasion robbery during which the man’s accomplice shot and killed a resident of a house. In 2005, the man was found guilty of first-degree felony murder and assault with a deadly weapon and was sentenced to 27 years to life. In 2018, the Legislature enacted…
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