How have courts used the felony murder special circumstance findings to demonstrate that instructional errors on other aspects of the murder instructions are harmless?

California, United States of America


The following excerpt is from People v. Silva, F074899 (Cal. App. 2019):

The rationale for relying on a jury's felony murder special circumstance findings to show that instructional errors on other aspects of the murder instructions are harmless is that "the elements of felony murder and the [felony murder] special circumstance coincide," so the jurors necessarily found all the elements of first degree felony murder. (People v. Elliot (2005) 37 Cal.4th 453, 476.) It is not invariably the case that they coincide, however, so we must be careful.

Other Questions


Does a jury's finding on a felony-murder special-circumstance allegation based on erroneous instruction that a jury would not have convicted appellant of second degree murder if the jury had been given the same instruction? (California, United States of America)
What are the findings of the California Superior Court of Appeal on the grounds that the instructions given by defendant in his conspiracy to commit felony murder were not tantamount to felony murder instructions? (California, United States of America)
Does the trial court have instructed on accident for an aider/abettor theory of felony murder under the felony murder special circumstance? (California, United States of America)
In what circumstances will the Court uphold the murder verdict and special circumstance findings? (California, United States of America)
Does the amendment to the lying-in-wait special circumstance in a murder case in which there is a distinction between the special circumstance and lying in-wait first degree murder? (California, United States of America)
How have courts interpreted the felony-murder special circumstance in cases where robbery was incidental to the murder? (California, United States of America)
In what circumstances will the court overturn a torture-murder special-circumstance finding? (California, United States of America)
What is the difference between a defendant's special instruction in a first degree murder case and a special circumstance finding? (California, United States of America)
What is the appropriate sentence for a defendant convicted of first degree felony murder with the felony-murder special circumstance? (California, United States of America)
Is there a requirement that the perpetrator entertain the intent to kill for either the offense of felony murder or the robbery-felony-murder special circumstance? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.