People v. Murphy (Cal. Ct. App., June 30, 2022, No. B306773) 2022 WL 2352782, at *1
Summary:Murphy appealed from his three convictions for second degree murder. (Pen. Code, § 187, subd. (a).).1 Murphy argued that evidence supporting his convictions is insufficient because the prosecution failed to prove he acted with implied malice when, while under the influence of marijuana, he drove his car at nearly 90 miles per hour through a red light and collided with another vehicle, killing its occupants.
The court concluded that sufficient evidence supported the jury’s verdict. There is nocommonly administered and standardized medical test equivalent to the blood alcohol concentration test that accurately determines a person’s level of impairment from lipophilic, psychoactive drugs such as marijuana. However, there was substantial evidence that at the time of the accident Murphy was impaired from using marijuana. There was also substantial evidence that Murphy acted with implied malice both when he smoked marijuana with the intent to drive, and when he drove in a manner that demonstrated a conscious disregard for human life.