What is the test for establishing that a murder was intentional and premeditated?
California, United States of America
The following excerpt is from People v. Thompson, 1 Cal.5th 1043, 210 Cal.Rptr.3d 667, 384 P.3d 693 (Cal. 2016):
motive was to avoid capture was relevant to proving murder was intentional and premeditated]; People v. Barnett (1998) 17 Cal.4th 1044, 1119, 74 Cal.Rptr.2d 121, 954 P.2d 384 [admission of evidence murder was
[384 P.3d 747]
motivated by revenge did not violate Evid. Code, 1101, subd. (b) ].)
"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 juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
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)
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)
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)
How has the court interpreted the word "premeditated" before murder in a premeditated murder case? (California, United States of America)
What is the test for establishing that a murder was intentional and premeditated? (California, United States of America)
Can a charge of murder be used to establish first degree murder under the felony-murder rule? (California, United States of America)
What is the difference between a murder by lying in wait and an intentional murder? (California, United States of America)
What is the test for premeditated and deliberate intent to torture under the torture-murder special circumstance? (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)
