What constitutes a "special circumstance" in the context of premeditated murder?
California, United States of America
The following excerpt is from People v. Sandoval, 196 Cal.Rptr.3d 424, 363 P.3d 41, 62 Cal.4th 394 (Cal. 2015):
which include (1) a concealment of purpose, (2) a substantial period of watching and waiting for an opportune time to act, and (3) immediately thereafter, a surprise attack on an unsuspecting victim from a position of advantage, presents a factual matrix sufficiently distinct from 'ordinary' premeditated murder to justify treating it as a special circumstance." (Ibid.; see People v. Hajek and Vo (2014) 58 Cal.4th 1144, 1183, 171 Cal.Rptr.3d 234, 324 P.3d 88 (Hajek and Vo ).)
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