What factors must be considered to establish substantial evidence of premeditation and deliberation in a murder case?
California, United States of America
The following excerpt is from People v. Smith, C074734 (Cal. App. 2017):
manner of killing. [Citations.] These factors need not be present in any particular combination to find substantial evidence of premeditation and deliberation. [Citation.] . . . In conducting this analysis, we draw all reasonable inferences necessary to support the judgment. [Citations.]" (People v. Stitely (2005) 35 Cal.4th 514, 543.)
"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
Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (California, United States of America)
What is the test for deliberate, deliberate, and/or deliberation in the context of an attempted murder case? (California, United States of America)
What is the test for determining whether there is evidence of premeditation and deliberation in a murder case? (California, United States of America)
What is considered substantial evidence in the context of the definition of the word "substantial evidence"? (California, United States of America)
Can a defense counsel argue that premeditation and deliberation is not sufficient to establish that mere intent to kill is equivalent to premeditating or deliberation? (California, United States of America)
What is the substantial evidence standard of review in a sexual assault case when the prosecution case is based on circumstantial evidence? (California, United States of America)
What is the test for evidence of premeditation and deliberation in a murder case? (California, United States of America)
What is the test for determining whether there is evidence of premeditation and deliberation in a murder case? (California, United States of America)
What is the test for evidence of premeditation and deliberation in a murder case? (California, United States of America)
What is the evidence of deliberation and premeditation in a murder case? (California, United States of America)
