Does the Superior Court of California have any grounds to find that instructing the jury on the second-degree felony-murder rule harmless?
California, United States of America
The following excerpt is from People v. McKinstry, F078924 (Cal. App. 2019):
The superior court (as had this court on direct appeal) also cited People v. Chun (2009) 45 Cal.4th 1172, which had similarly found error in instructing the jury on the second-degree felony-murder rule harmless, where "no juror could find felony murder without also finding conscious-disregard-for-life malice." (Id. at p. 1205.)
McKinstry timely filed a notice of appeal from the order denying his petition.
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