Does the Eighth Amendment require finding that a felony murder defendant killed or attempted to kill?
The following excerpt is from Gallegos v. Ryan, 820 F.3d 1013 (9th Cir. 2016):
8 Cf. Enmund v. Florida, 458 U.S. 782, 797, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982) (holding that the Eighth Amendment requires finding that a felony murder defendant killed or attempted to kill); Tison v. Arizona, 481 U.S. 137, 158, 107 S.Ct. 1676, 95 L.Ed.2d 127 (1987) (qualifying Enmund by holding that the Eighth Amendment permits the execution of a felony murder defendant who is a major participa[nt] in the felony committed and who demonstrates reckless indifference to human life).
8 Cf. Enmund v. Florida, 458 U.S. 782, 797, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982) (holding that the Eighth Amendment requires finding that a felony murder defendant killed or attempted to kill); Tison v. Arizona, 481 U.S. 137, 158, 107 S.Ct. 1676, 95 L.Ed.2d 127 (1987) (qualifying Enmund by holding that the Eighth Amendment permits the execution of a felony murder defendant who is a major participa[nt] in the felony committed and who demonstrates reckless indifference to human life).
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