Legal Opinion
Romero v. Hamlet
Court of Appeals for the Ninth Circuit
Decided November 10, 2004No. 03-17188; D.C. No. CV-03-00637-MCEPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM *
Gilibert Romero was tried for the fatal shooting of his girlfriend in a rural area near the Sacramento River on the night of October 24, 1995.1 The trial court instructed the jury that it could convict Romero of second degree murder under any of three theories: (1) express malice, based on intent to kill without premeditation; (2) implied malice based on the performance of an act inherently dangerous to human life (in this case, shooting a gun in the darkness in the victim’s vicinity) with conscious disregard of the danger; or (3) second degree felony murder, based on the felony…
2Cases cited9 opinions
- United States v. LanierSupreme Court of the United States · 1997
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- LaGrand v. StewartCourt of Appeals for the Ninth Circuit · 1998
- People v. HansenCalifornia Supreme Court · 1994
- People v. RobertsonCalifornia Supreme Court · 2004
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Romero v. Hamlet, WardenSupreme Court of the United States · 2005