In what circumstances have courts overturned convictions of murder of a human fetus?
California, United States of America
The following excerpt is from People v. Smith, 188 Cal.App.3d 1495, 234 Cal.Rptr. 142 (Cal. App. 1987):
In People v. Apodaca (1978) 76 Cal.App.3d 479, 142 Cal.Rptr. 830, this court reviewed the defendant's conviction of murder of a human fetus. This court dismissed defendant's contentions that the trial court improperly instructed the jury on the definition of a viable fetus, and that under the Fourteenth Amendment the
Page 154
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
In what circumstances will the court overturn a torture-murder special-circumstance finding? (California, United States of America)
In what circumstances will a court overturn a conviction of first degree murder based on a hallucination? (California, United States of America)
In what circumstances will a court overturn a conviction for an attempted murder where a mother and baby were within the line of fire? (California, United States of America)
In what circumstances will the Court overturn an attempted murder conviction and the penalty of death be vacated? (California, United States of America)
Under what circumstances will a jury overturn a conviction for first degree murder based solely on a felony-murder theory? (California, United States of America)
In what circumstances will the Court overturn a conviction of second-degree murder for a defendant who killed a person while violating Vehicle Code section 2800.3? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
In what circumstances will the court overturn a murder conviction for instructional error? (California, United States of America)
