In re Ferrell

IN THE SUPREME COURT OF CALIFORNIA In re TYREE FERRELL on Habeas Corpus. S265798 April 6, 2023 Justice Jenkins authored the opinion of the Court, in which Chief Justice Guerrero and Justices Corrigan, Liu, Kruger, Groban, and Evans concurred. In re TYREE FERRELL S265798 Opinion of the Court by Jenkins, J. Jury instructions erroneously permitted the second degree murder conviction of petitioner Tyree Ferrell based on a felony- murder theory invalidated by People v. Chun (2009)

45 Cal.4th 1172

(Chun). The jury’s unadorned guilty verdict does not show it avoided this now-invalid theory. The…