What is the legal test for a finding of premeditation and deliberate murder?

California, United States of America


The following excerpt is from People v. Fletcher, B234595 (Cal. App. 2013):

Attempted murder requires express malice, and, on appeal, we do not distinguish between attempted murder and completed first degree murder to determine whether there is sufficient evidence to support the finding of premeditation and deliberation. (People v. Herrera (1999) 70 Cal.App.4th 1456, 1462, fn. 8, disapproved on another point in People v. Mesa (2012) 54 Cal.4th 191, 199.)

"Review on appeal of the sufficiency of the evidence supporting the finding of premeditated and deliberate murder involves consideration of the evidence presented and all logical inferences from that evidence in light of the legal definition of premeditation and deliberation . . . . Settled principles of appellate review require us to review the entire record in the light most favorable to the judgment below to determine whether it discloses substantial evidencethat is, evidence which is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find that the defendant premeditated and deliberated beyond a reasonable doubt. [Citations.]" (People v. Perez (1992) 2 Cal.4th 1117, 1124 (Perez).) The hurdle to secure a reversal is just as high when the prosecution's case depends on circumstantial evidence. (People v. Stanley (1995) 10 Cal.4th 764, 792.) As long as there is reasonable justification for the findings

Page 15

Other Questions


What is the test for a finding that there is insufficient evidence of premeditation and deliberation to support a finding of first-degree murder? (California, United States of America)
What is the legal test for overturning a finding of premeditated and deliberate murder? (California, United States of America)
Can a defendant be convicted of attempted murder if the prosecution fails to allege deliberate, deliberate and premeditated murder? (California, United States of America)
What is the legal test for a finding of premeditation and deliberation in a murder case? (California, United States of America)
Can a jury be misled by the prosecutor by excising premeditation and deliberation from the elements of first degree premeditated murder? (California, United States of America)
What is the test for a finding of deliberation and premeditation and/or felony murder? (California, United States of America)
What is sufficient to sustain a finding of premeditation and deliberation in a first degree murder case? (California, United States of America)
What is the test for a finding of premeditation and deliberation in a murder case? (California, United States of America)
What is the test for a finding of premeditation and deliberation in a murder case? (California, United States of America)
What is the standard for a finding of premeditation and deliberation in the context of an attempted first-degree murder case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.