Can a prosecutor of murder not prove motive?

MultiRegion, United States of America

The following excerpt is from Demirdjian v. Gipson, 832 F.3d 1060 (9th Cir. 2016):

Under California law, a prosecutor of murder need not prove motive. People v. Solomon , 49 Cal.4th 792, 112 Cal.Rptr.3d 244, 234 P.3d 501, 520 (2010). But, the prosecutor must either prove intent or a conscious disregard for human life. See People v. Lasko , 23 Cal.4th 101, 96 Cal.Rptr.2d 441, 999 P.2d 666, 668 (2000). When the prosecutor attempts to prove motive and fails to do so, the lack of intent is drawn into question. Here, no motive for the defendant to kill was shown. What intent was shown?

[832 F.3d 1078]

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