Can a defendant's behavior after the murder negate (or enhance) an inference of premeditation and deliberation?

California, United States of America


The following excerpt is from People v. Dapremont, B299366 (Cal. App. 2020):

Finally, we have held that a defendant's behavior after a murder can negate (or enhance) an inference of premeditation and deliberation. (See People v. Boatman (2013) 221 Cal.App.4th 1253.)

Other Questions


Can a defendant be convicted of attempted murder if the prosecution fails to allege deliberate, deliberate and premeditated murder? (California, United States of America)
Can a defendant plead guilty to premeditated murder in order to prove that another defendant committed murder rather than manslaughter? (California, United States of America)
What is the effect of commuting a sentence of life without possibility of parole on a defendant convicted of conspiracy to commit murder, and 11 counts of deliberate and premeditated murder? (California, United States of America)
Does Defendant have any grounds to argue that the felony-murder special circumstance applies only to deliberate and premeditated murders? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
Can a jury be misled by the prosecutor by excising premeditation and deliberation from the elements of first degree premeditated murder? (California, United States of America)
What is the test for a jury to convict a defendant of first degree murder by torture, poisoned, and premeditated murder? (California, United States of America)
Is there any case law where the abstract of judgment incorrectly recites that a defendant was sentenced to life without possibility of parole for the premeditated and deliberate attempted murder charged in count four? (California, United States of America)
What is the test for a jury to convict a defendant of deliberate and deliberate murder? (California, United States of America)
Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.