Is Special Circumstance Finding Disqualifying for SB 1437?

Before 2015, if one was convicted of felony murder or murder under a natural and probable consequences theory and the jury found true the special circumstance that defendant acted as a major participant and/or acted with reckless disregard for human life, this finding does not necessarily disqualify a petitioner from SB 1437 relief. Instead, the trial court must take a closer look under the standards described under Banks and Clark for the terms major participant and reckless indifference to human life. To read a summary of a Second Appellate District Court that held this, please click on the following link – https://www.greghillassociates.com/is-special-circumstance-finding-disqualifying-for-sb-1437.html

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