In what circumstances will a defendant be found guilty of first degree murder and sentenced to death by reason of gross negligence?

California, United States of America


The following excerpt is from People v. Henriquez, 226 Cal.Rptr.3d 69, 4 Cal.5th 1, 406 P.3d 748 (Cal. 2017):

Nothing in Hurst , supra , 577 U.S. , 136 S.Ct. 616 causes us to reconsider our holding in People v. Anderson , supra , 25 Cal.4th at pages 589-590, footnote 14, 106 Cal.Rptr.2d 575, 22 P.3d 347, that "once the defendant has been convicted of first degree murder and one or more special circumstances has been found true beyond a reasonable doubt," imposing the death

[226 Cal.Rptr.3d 109]

Other Questions


When a defendant enters a plea of not guilty by reason of insanity at trial for a first-degree murder, can he still be found guilty of first degree murder? (California, United States of America)
Can the Court of Appeal strike a sentence of death against a defendant who has been convicted of murder and sentenced to death by reason of gross negligence? (California, United States of America)
In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)
After the murder of a man who was found guilty of murder by reason of gross negligence, what is the effect of the error on the sentence? (California, United States of America)
Can a defendant be found guilty of first degree murder without intent if the death of an unintended victim was reasonably foreseeable? (California, United States of America)
In what circumstances will a defendant be found guilty of second-degree murder by reason of heat of passion? (California, United States of America)
In what circumstances will a defendant be found guilty of first-degree murder for a hit-and-run incident? (California, United States of America)
In what circumstances can a defendant be found guilty of a charge of assault by reason of gross negligence? (California, United States of America)
What is the appropriate sentence for a defendant convicted of first degree felony murder with the felony-murder special circumstance? (California, United States of America)
In what circumstances will a defendant be found guilty of first-degree murder for his complicity in a robbery? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.