California Legal Brief

AI-Generated Practitioner Briefs of California Appellate Opinions

Penal Code section 1172.6

2 opinions tagged “Penal Code section 1172.6”

P. v. Morris 5/4/26 SC

The Rule of People v. Morris is that under Penal Code section 189, subdivision (e)(2), a nonkiller defendant must aid or abet the actual killer in the lethal act itself, not just the underlying felony, under the amended felony-murder rule where the defendant acted with intent to kill.

P. v. Tyus 5/21/26 CA4/2

The Rule of People v. Tyus is that at a Penal Code section 1172.6 evidentiary hearing, the prosecution must prove beyond a reasonable doubt that a petitioner is guilty of murder under current law—it is not the petitioner's burden to prove an alternate murder theory existed, under circumstances where the petitioner has established a prima facie case for relief and was not the actual killer.