Legal Opinion
In re Martinez
California Supreme Court
Decided December 4, 2017No. S226596PublishedCited by 54 opinions
1Opinion of the CourtLiu, J.
*1218 Petitioner Hector Martinez was convicted of first degree murder after the jury was instructed on both a direct aiding and abetting theory and a natural and probable consequences theory. After his conviction, we held in People v. Chiu (2014) 59 Cal.4th 155 , 172 Cal.Rptr.3d 438 , 325 P.3d 972 ( Chiu ) that a natural and probable consequences theory of liability cannot serve as a basis for a first degree murder conviction. It is undisputed that the trial court in this case committed Chiu error. The sole question is whether the error was prejudicial. We hold that on a petition for writ of…
2Cases cited27 opinions
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Wainwright v. SykesSupreme Court of the United States · 1977
- Neder v. United StatesSupreme Court of the United States · 1999
- O'NEAL v. McAninchSupreme Court of the United States · 1995
- Stromberg v. CaliforniaSupreme Court of the United States · 1931
22 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- People v. AledamatCalifornia Supreme Court · 2019
- People v. CanizalesCalifornia Supreme Court · 2019
- People v. Gutierrez, California Court of Appeal, 5th District2018
- People v. Stutelberg, California Court of Appeal, 5th District2018
- In re Loza, California Court of Appeal, 5th District2018
49 more not listed; retrieve them via the Exa API.