At least one judge has ruled that the new law is unconstitutional
In January 2019, a long-awaited change to California’s felony murder rule took effect. For decades, the felony murder rule essentially held that if a person died or was killed during the commission of certain dangerous felonies, then anyone involved in that felony could be charged with the person’s murder — even if he or she did not take part in the killing. Senate Bill 1437 updated the felony murder law, as part of a sweeping criminal justice reform. Under this law, a person must have killed someone as part of the crime or assisted in the killing in order to be charged with murder.
As part of the change to the felony murder rule, thousands of inmates throughout California may now be eligible to be released from prison. This move has heartened advocates for criminal justice reform, yet many in the law enforcement community, including district attorneys, are staunchly opposed to the law.
According to a murder defense lawyer Los Angeles, CA, in late February, Orange County Superior Court Judge Gregg Pickett ruled that SB 1437 is unconstitutional. Judge Pickett ruled that because the felony murder rule was part of a special circumstances law passed by voters in 1978 and again in 1990, it would require another action by voters to amend the law. In his decision, Judge Pickett stated, “The Legislature cannot amend or redefine murder in order to avoid penalties that (voters) set for the crime.” The author of the bill, Senator Nancy Skinner, a Democrat from Berkeley, stated that she looks forward to “…the state appellate court overturning this wrong-headed decision by an Orange County judge.”
In the underlying case ruled on by Judge Pickett, three men were charged with killed 24 year old Maher Yousef in 2016 at a Buena Park gas station during a robbery. Law enforcement allege that Yousef was targeted because he and another person that he was working with worked at a check cashing business. The man who allegedly pulled the trigger during the robbery faces the death penalty if he is convicted of the shooting.
Because there have been conflicting rulings on SB 1437 across the state, the California Supreme Court will likely have to determine the constitutionality of the law. Until that time, it remains in effect — but as this recent ruling shows, a judge could determine that it is unconstitutional and move forward with felony murder charges. That is why it is so important to retain an experienced murder defense lawyer Los Angeles, CA if you have been charged with a serious felony that could lead to felony murder charges. The new law may be in effect, but it could be overturned by the Supreme Court or deemed unconstitutional by a judge in your case.
If you have been charged with any California criminal offense, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a skilled murder defense lawyer Los Angeles, CA.
