What is the test for premeditation in a murder case?

California, United States of America


The following excerpt is from People v. Love, B261488 (Cal. App. 2016):

Love appealed. Based on the trial court's failure to instruct the jury on premeditation, we reversed the jury's true findings that the attempted murders were premeditated, willful and deliberate. (People v. Love (July 31, 2014, B249040) [nonpub. opn.].)3 We otherwise affirmed the judgment, but remanded for a retrial on the premeditation allegations, at the People's election. If the People did not elect to retry the allegations, we directed the trial court to resentence Love.

Other Questions


How has the court interpreted the word "premeditated" before murder in a premeditated murder case? (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)
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)
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)
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)
What is the test for premeditation and deliberation in a murder case? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
What is the test for 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)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.