Does Section 190.2(d) of the California Criminal Code apply to a felony-murder defendant?
California, United States of America
The following excerpt is from In re Williams, B280379 (Cal. App. 2017):
decision on which it is based, Enmund v. Florida (1982) 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140, collectively place conduct on a spectrum, with felony-murder participants eligible for death only when their involvement is substantial and they demonstrate a reckless indifference to the grave risk of death created by their actions. Section 190.2(d) must be accorded the same meaning." (Banks, supra, 61 Cal.4th at p. 794, fn. omitted.)
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