Does Felony Murder Special Circumstance Bar SB 1437 Relief?

The Banks and Clark rulings gave clearer definitions of what conduct by a defendant demonstrates being a major participant or acting with reckless disregard for human life. Therefore, a murder conviction wherein defendant was not the actual killer, but wherein the jury found true special circumstances is not dispositive of SB 1437 relief and the case must be remanded for further evaluation under Banks and Clark. To read a summary of a recent case with this ruling, please click on the following link –

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