Antioch, CA asked in Criminal Law and Appeals / Appellate Law for California

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

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: Overturned means something must have been done improperly and the case can start all over again with a new filing.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Appeals & Appellate Lawyer
  • Sacramento, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.