In what circumstances will a jury not unanimously agree on a theory of first degree murder?
California, United States of America
The following excerpt is from People v. Olivarez, D058082, Super. Ct. No. RIF129919 (Cal. App. 2011):
In People v. Nakahara, supra, 30 Cal.4th705, 712-713, our high court stated: "As for defendant's claim that a unanimity instruction should have been given, our cases have repeatedly rejected this contention, holding that the jurors need not unanimously agree on a theory of first degree murder as either felony murder or murder with premeditation and deliberation. [Citations.]
"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 jury be instructed that the crime of first degree murder requires unanimous agreement on a particular theory of murder? (California, United States of America)
In what circumstances will a jury uphold a first degree murder conviction against defendants on the felony-murder theory? (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)
Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder? (California, United States of America)
Does the amendment to the lying-in-wait special circumstance in a murder case in which there is a distinction between the special circumstance and lying in-wait first degree murder? (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)
Is a jury required to agree unanimously as to which theory of guilt the jury accepted in support of a first degree murder verdict? (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)
When the prosecution presents different theories of first degree murder in a trial, does the jury have to agree on one particular theory? (California, United States of America)
Under what circumstances will provocation reduce a man's first degree murder to second degree murder? (California, United States of America)
