What is considered to be a "prepared decision to kill" in a murder case?

California, United States of America


The following excerpt is from The People v. Nazeri, G041897, No. 06HF1654 (Cal. App. 2010):

1122.)) In Thomas, supra, 2 Cal.4th 489, the defendant's returning to his car to get a rifle and ammunition before the committing the murders showed planning activity. (Id. at p. 517.) And in People v. Lewis (2009) 46 Cal.4th 1255 (Lewis) the court said the "additional act" of slashing the victim's throat after the victim had been "strangled to the point of unconsciousness" was "'indicative of a reasoned decision to kill.'" (Id. at p. 1293.)

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)
In a capital murder case, in what circumstances will the California Supreme Court order that a juror should not submit a questionnaire for the purpose of selecting a jury in capital murder cases? (California, United States of America)
Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
Is there any case law where evidence of previous suicide attempts by the victim was not considered relevant in a murder case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law that supports the argument that a murder by torture by torture is not murder by means of physical evidence? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
Can a jury consider a specific intent charge in a second-degree murder case? (California, United States of America)
In a second degree murder case, in what circumstances would have been a manslaughter verdict if the jury had been given the same instructions on the subject of murder and manslaughter? (California, United States of America)
What is the test for a jury to consider whether to consider the lesser included charge of attempted voluntary manslaughter as a lesser included offense of attempted premeditated murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.