Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 8. OF CRIMES AGAINST THE PERSON / CHAPTER 1. Homicide
California Codes

Cal. Penal Code § 190.41 (2026)

✓ current as of May 2026
Find cases: SyfertCases citing this section CA-LEGleginfo.legislature.ca.gov JustiaCode on Justia CornellLII Search CasesGoogle Scholar

Notwithstanding Section 190.4 or any other provision of law, the corpus delicti of a felony-based special circumstance enumerated in paragraph (17) of subdivision (a) of Section 190.2 need not be proved independently of a defendant’s extrajudicial statement.

Notes of Decisions
Cited in 6 cases, 1998–2014 · leading case: People v. Jones, 949 P.2d 890 (Cal. 1998).
Sort: Relevance Newest Treatment
People v. Jones, 949 P.2d 890 (Cal. 1998). · cites it 2× “Penal Code section 190.41 provides that "[n]otwithstanding Section 190.”
Richard Adams Hovey v. Robert L. Ayers, Jr., Acting Warden, California State Prison at San Quentin, 458 F.3d 892 (9th Cir. 2006). “2d 887 (1984) (applying the corpus delicti rule to felony-based special circumstances and declaring that any statement to the contrary in previous cases was overruled), superseded by statute, CaLPenal Code § 190.41, as recognized in People v.”
People v. Alvarez, 46 P.3d 372 (Cal. 2002). “41, added by Proposition 115 (approved by the voters at the Primary Election of June 5, 1990), provides that in a capital case, the corpus delicti of a felonybased special circumstance need not be proved independently of the defendant's extrajudicial statement.”
People v. Alvarez, 46 P.3d 372 (Cal. 2002). “For example, Penal Code section 190.41, added by Proposition 115 (approved by the voters at the Primary Election of June 5, 1990), provides that in a capital case, the corpus delicti of a felony-based special circumstance need not be proved independently of the defendant’s…”
People v. Ruedas CA4/3 (Cal. Ct. App. 2014). “The Attorney General also notes the Legislature statutorily eliminated the need to establish the corpus delicti of felony-based special circumstance allegations (Pen. Code, § 190.41), and case law has declared the corpus delicti rule inapplicable to other special circumstance…”
Hovey v. Woodford (9th Cir. 2006). “3d 85, 93-94 (1984) (applying the corpus delicti rule to felony- based special circumstances and declaring that any statement to the contrary in previous cases was overruled), superseded by statute, Cal. Penal Code § 190.41 , as recognized in People v.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.