revised felony-murder rule in California

79 California opinions name it 1 courts 2021–2026 79 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

Case	Followed	Cited
People v. Stronggreen cal · 2022 · cited in 53 California opinions naming this issue, 2022–2025 2 sentences 2025(Patton, supra, 17 Cal.5th at p. 558; People v. Curiel (2023) 15 Cal.5th 443 , 448-449 (Curiel); People v. Strong (2022) 13 Cal.5th 698, 707-708 (Strong).) Section 188, subdivision (a)(3) (section 188(a)(3)), now prohibits imputing malice based solely on an individual’s participation in a crime and requires proof of malice to convict a defendant of murder, except under the revised felony-murder rule as set forth in section 189, subdivision (e). 2025(See People v. Reyes (2023) 14 Cal.5th 981 , 984 (Reyes); People v. Strong (2022) 13 Cal.5th 698, 707-708 (Strong); People v. Lewis (2021) 11 Cal.5th 952, 957 (Lewis).) Section 188, subdivision (a)(3), now prohibits imputing malice based solely on an individual’s participation in a crime and requires proof of malice to convict a principal of murder, except under the revised felony murder rule in section 189, subdivision (e).	25	53
People v. Lewisgreen cal · 2021 · cited in 56 California opinions naming this issue, 2022–2025 2 sentences 2025(See People v. Reyes (2023) 14 Cal.5th 981 , 984; People v. Strong (2022) 13 Cal.5th 698, 707-708 ; People v. Lewis (2021) 11 Cal.5th 952, 957 (Lewis).) Section 188, subdivision (a)(3), now prohibits imputing malice based solely on an individual’s participation in a crime and requires proof of malice to convict a principal of murder, except under the revised felony-murder rule as set forth in section 189, subdivision (e). 2025(See People v. Reyes (2023) 14 Cal.5th 981 , 984 (Reyes); People v. Strong (2022) 13 Cal.5th 698, 707-708 (Strong); People v. Lewis (2021) 11 Cal.5th 952, 957 (Lewis).) Section 188, subdivision (a)(3), now prohibits imputing malice based solely on an individual’s participation in a crime and requires proof of malice to convict a principal of murder, except under the revised felony murder rule in section 189, subdivision (e).	24	56
People v. Gentilered cal · 2020 · cited in 44 California opinions naming this issue, 2023–2026 2 sentences 2026(People v. Patton (2025) 17 Cal.5th 549 , 558 (Patton); People v. Gentile (2020) 10 Cal.5th 830, 842-843 .) Section 188, subdivision (a)(3), now prohibits imputing malice based solely on one’s participation in a crime and requires proof of malice to convict a principal of murder, except under the revised felony-murder rule set forth in section 189, subdivision (e). 2025(Patton, supra, 17 Cal.5th at p. 558; People v. Arellano (2024) 16 Cal.5th 457 , 467-468; People v. Curiel (2023) 15 Cal.5th 433, 448-449 ; see People v. Strong (2022) 13 Cal.5th 698, 707-708 [felony murder]; People v. Gentile (2020) 10 Cal.5th 830, 842-843 [natural and probable consequences].) Section 188, subdivision (a)(3), now prohibits imputing malice based solely on a person’s participation in a crime and requires proof of malice to convict a defendant of murder, except under the revised felony- murder rule. (§§ 188, subd. (a)(3), 189, subd. (e); Patton, at p. 558; Arellano, at pp. 467-4	20	44
People v. Curielgreen cal · 2023 · cited in 20 California opinions naming this issue, 2024–2025 2 sentences 2025(Patton, supra, 17 Cal.5th at p. 558; People v. Arellano (2024) 16 Cal.5th 457 , 467-468; People v. Curiel (2023) 15 Cal.5th 433, 448-449 ; see People v. Strong (2022) 13 Cal.5th 698, 707-708 [felony murder]; People v. Gentile (2020) 10 Cal.5th 830, 842-843 [natural and probable consequences].) Section 188, subdivision (a)(3), now prohibits imputing malice based solely on a person’s participation in a crime and requires proof of malice to convict a defendant of murder, except under the revised felony- murder rule. (§§ 188, subd. (a)(3), 189, subd. (e); Patton, at p. 558; Arellano, at pp. 467-4 2025(People v. Oyler (2025) 17 Cal.5th 756 , 835; People v. Patton (2025) 17 Cal.5th 549 , 558 (Patton); People v. Arellano (2024) 16 Cal.5th 457 , 467-468; People v. Curiel (2023) 15 Cal.5th 433, 448-449 ; see People v. Strong (2022) 13 Cal.5th 698, 707-708 [felony murder]; People v. Gentile (2020) 10 Cal.5th 830, 842-843 [natural and probable consequences].) Section 188, subdivision (a)(3), now prohibits imputing malice based solely on a person’s participation in a crime and requires proof of malice to convict a defendant of murder, except under the revised felony- murder rule. (§§ 188, subd. (a	14	20
People v. Delgadillogreen cal · 2022 · cited in 7 California opinions naming this issue, 2024–2025 2 sentences 2025(Patton, supra, 17 Cal.5th at p. 558; People v. Arellano (2024) 16 Cal.5th 457 , 467-468; People v. Curiel (2023) 15 Cal.5th 433, 448-449 ; see People v. Strong (2022) 13 Cal.5th 698, 707-708 [felony murder]; People v. Gentile (2020) 10 Cal.5th 830, 842-843 [natural and probable consequences].) Section 188, subdivision (a)(3), now prohibits imputing malice based solely on a person’s participation in a crime and requires proof of malice to convict a defendant of murder, except under the revised felony- murder rule. (§§ 188, subd. (a)(3), 189, subd. (e); Patton, at p. 558; Arellano, at pp. 467-4 2025(People v. Oyler (2025) 17 Cal.5th 756 , 835; People v. Patton (2025) 17 Cal.5th 549 , 558 (Patton); People v. Arellano (2024) 16 Cal.5th 457 , 467-468; People v. Curiel (2023) 15 Cal.5th 433, 448-449 ; see People v. Strong (2022) 13 Cal.5th 698, 707-708 [felony murder]; People v. Gentile (2020) 10 Cal.5th 830, 842-843 [natural and probable consequences].) Section 188, subdivision (a)(3), now prohibits imputing malice based solely on a person’s participation in a crime and requires proof of malice to convict a defendant of murder, except under the revised felony- murder rule. (§§ 188, subd. (a	7	7

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (3)

Case	Cited	Years
People v. Chun red cal · 2009 2 sentences 2022(See People v. Chun (2009) 45 Cal.4th 1172, 1184 .) As amended by Senate Bill 1437, 7 As amended by Senate Bill No. 775, section 1170.95, subdivision (d)(3), now clarifies, “A finding that there is substantial evidence to support a conviction for murder, attempted murder, or manslaughter is insufficient to prove, beyond a reasonable doubt, that the petitioner is ineligible for resentencing.” 9 section 188, subdivision (a)(3), now prohibits imputing malice based solely on an individual’s participation in a crime and requires proof of malice to convict a principal of murder except under the revi 2022(See People v. Chun (2009) 45 Cal.4th 1172, 1184 .) As amended by Senate Bill 1437, section 188, subdivision (a)(3), now prohibits imputing malice based solely on an individual’s participation in a crime and requires proof of malice to convict a principal of murder except under the revised felony-murder rule as set forth in section 189, subdivision (e), which requires proof of specific facts relating to the defendant’s individual culpability: The defendant was the actual killer (§ 189, subd. (e)(1)); although not the actual killer, the defendant, with the intent to kill, assisted in the commis	11	2021–2022
People v. Clark green cal · 2016 2 sentences 2024The People argued further that Rocha could still be convicted of murder under the revised felony-murder rule, as he was a major participant who acted with reckless indifference to human life, as evidenced by the trial transcript in this case and the factors outlined in People v. Banks (2015) 61 Cal.4th 788 (Banks) and People v. Clark (2016) 63 Cal.4th 522 (Clark). 2022The overlapping factors for assessing whether a defendant was a major participant in an underlying serious felony and acted with reckless indifference to human life for purposes of section 190.2, subdivision (d), and thus for new section 189, subdivision (e)(3), were identified by the Supreme Court in People v. Banks (2015) 61 Cal.4th 788 (Banks) and People v. Clark (2016) 63 Cal.4th 522 (Clark), and reiterated most recently in In re Scoggins (2020) 9 Cal.5th 667 (Scoggins).	7	2021–2024
People v. Banks green cal · 2015 2 sentences 2024The People argued further that Rocha could still be convicted of murder under the revised felony-murder rule, as he was a major participant who acted with reckless indifference to human life, as evidenced by the trial transcript in this case and the factors outlined in People v. Banks (2015) 61 Cal.4th 788 (Banks) and People v. Clark (2016) 63 Cal.4th 522 (Clark). 2022The overlapping factors for assessing whether a defendant was a major participant in an underlying serious felony and acted with reckless indifference to human life for purposes of section 190.2, subdivision (d), and thus for new section 189, subdivision (e)(3), were identified by the Supreme Court in People v. Banks (2015) 61 Cal.4th 788 (Banks) and People v. Clark (2016) 63 Cal.4th 522 (Clark), and reiterated most recently in In re Scoggins (2020) 9 Cal.5th 667 (Scoggins).	7	2021–2024

Statutes the citing opinions construe

CA § Cal. Evidence Code § 452 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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