Criminal,
California Supreme Court
Jun. 25, 2019
In attempted murder case, state high court limits use of novel jury instruction
The state Supreme Court decided Monday that a rule it adopted 17 years ago broadening attempted murder liability must be applied by lower courts sparingly.
The state Supreme Court decided Monday that a rule it adopted 17 years ago broadening attempted murder liability must be applied by lower courts sparingly.
Using the "kill zone" theory, a jury may infer that a criminal defendant who, say, fired a volley of gunshots toward an intended victim also meant to kill individuals who were nearby. That inference substanti...
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Kill zone instruction was improper because evidence was insufficient to support a reasonable inference that defendants intended to create a zone of fatal harm around a primary target.
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