Legal Opinion
People v. Garcia
California Supreme Court
Decided August 6, 1984No. Crim. 22799PublishedCited by 252 opinions
1Opinion of the Court
Opinion
BROUSSARD, J.
Carlos v. Superior Court (1983) 35 Cal.3d 131 [197 Cal.Rptr. 79, 672 P.2d 862], held that proof of intent to kill or to aid a killing was essential to a finding of a felony-murder special circumstance under the 1978 death penalty initiative. (Pen. Code, § 190.2, subd. (a)(17).) We granted a hearing in the present case to decide whether to give retroactive effect to our Carlos decision and to determine the test of prejudice applicable when a trial court fails to instruct a jury in accord with that decision.
We have concluded that because the Carlos opinion does not overturn…
2Cases cited37 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- In Re WINSHIPSupreme Court of the United States · 1970
- Stovall v. DennoSupreme Court of the United States · 1967
- Burks v. United StatesSupreme Court of the United States · 1978
- Sandstrom v. MontanaSupreme Court of the United States · 1979
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3Cited by252 opinions
- State v. MaurerOhio Supreme Court · 1984
- People v. BrevermanCalifornia Supreme Court · 1998
- People v. OsbandCalifornia Supreme Court · 1996
- Nathaniel James v. Robert G. Borg, Warden Attorney General of CaliforniaCourt of Appeals for the Ninth Circuit · 1994
- People v. AriasCalifornia Supreme Court · 1996
247 more not listed; retrieve them via the Exa API.