Q: Supreme Court reversed a 1st degree murder conviction in People V. Brown. Does "overturn" mean possible 2nd degree?
If a murder charge is overturned or remanded per Supreme Court, due to erred jury instructions, can the DA automatically charge with a lower offense? (From 1st to 2nd degree murder). CALCRIM 521
A: Overturned means something must have been done improperly and the case can start all over again with a new filing.
A: If a murder charge is overturned or remanded due to erroneous jury instructions, the prosecutor may have the option to retry the case on the same charge or on a lesser charge, such as second-degree murder or manslaughter, depending on the evidence and the circumstances of the case. However, the decision to charge a lesser offense is ultimately up to the prosecutor's discretion. The mere fact that a conviction was overturned does not automatically mean that the defendant will be charged with a lower offense. It will depend on the specific facts and circumstances of the case, and whether the evidence supports a conviction for a lesser offense.
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