In what circumstances will the jury be instructed that the crime of first degree murder requires unanimous agreement on a particular theory of murder?
California, United States of America
The following excerpt is from People v. Famalaro, S064306 (Cal. 2011):
Finally, defendant contends the jurors should have been instructed that the crime of first degree murder requires unanimous agreement on a particular theory of first degree murder. We have in the past rejected identical contentions, and do so again here. (People v. Morgan, supra, 42 Cal.4th at p. 617.)
"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
Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder? (California, United States of America)
Is a jury required to agree unanimously as to which theory of guilt the jury accepted in support of a first degree murder verdict? (California, United States of America)
When the prosecution presents different theories of first degree murder in a trial, does the jury have to agree on one particular theory? (California, United States of America)
What is the effect of the Court of Appeal's failure to give an unanimity instruction on the theory of first degree murder? (California, United States of America)
Can a defendant who objected to an instruction and verdict form referencing a lying-in-wait theory of first degree murder continue to oppose the instruction and the verdict forms? (California, United States of America)
Does a court have a duty to instruct a sua sponte on the provocation that would reduce first degree murder to second-degree murder? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (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)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (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)
