Can the Court of Appeal strike a sentence of death against a defendant who has been convicted of murder and sentenced to death by reason of gross negligence?
California, United States of America
The following excerpt is from People v. Montes, S059912 (Cal. 2014):
able to impose a sentence of death. The grounds for her removal exist in the record as a demonstrable reality. (People v. Barnwell, supra, 41 Cal.4th at p. 1053.)
"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
In what circumstances will a defendant be found guilty of first degree murder and sentenced to death by reason of gross negligence? (California, United States of America)
When a motion to appeal against a reduction in the sentence of a convicted criminal has been granted by the Court of Appeal, does the Court have to credit time already served on the original sentence? (California, United States of America)
What is the result of the Court of Appeal's decision in the case of defendant in the Superior Court of Justice on appeal against a finding of not guilty of a charge of gross negligence? (California, United States of America)
What are the implications of the Court of Appeal's decision not to grant defendant's appeal against his conviction for contempt of court? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
When a defendant is convicted of murder, and has a prior strike conviction, can he be sentenced to a second life term? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
