San Francisco Criminal Lawyer Blog

Anthony Taylor filed a habeas petition claiming that his special circumstance finding in a felony murder conviction should be vacated due to insufficient evidence based on recent caselaw. His petition, filed 20 years after finality of direct review, was considered timely because it was brought within a year of that recent caselaw that provided him with a legal claim.

Taylor’s conviction as an idea and abettor

Anthony Taylor participated in an attempted robbery at a Livermore liquor store during which one of his accomplices shot to death a store employee. In 1994, Taylor was convicted of first degree felony murder and the jury found that the killing occurred in the commission of an attempted robbery that he aided and abetted “as a major participant” and “with reckless indifference to human life,” a special circumstance requiring a sentence of life in prison without the possibility of parole under Penal Code section 190.2, subdivision (d) (section 190.2(d) ). The special circumstance finding was previously upheld on appeal, the Court fining that Taylor was both a major participant and had made statements after the murder that showed a reckless and callous indifference for human life.

Lawyer cannot override client’s decision to maintain innocence

Roberto Ignacio Flores was charged with attempted murder of a police officer and insisted he was not the driver of the car that injured the officer. His lawyer wanted to admit that Flores was driving the car but that he never formed the premeditated intent necessary for a conviction of first-degree murder. The evidence against Flores included a video of him in the car that hit the motorcycle officer, yet he insisted on maintaining his innocence. Flores was also later tried on possession of weapons and his lawyer wanted to concede that Flores possessed certain firearms but argue that his possession was not “knowing”because he did not know that their possession was prohibited.

Client has the right to determine fundamental objective at trial

People v. Aranda; S214116

The California Supreme Court reaffirmed its past holding that a court must accept a partial verdict of acquittal as to a charged greater offense when a jury has expressly indicated it has acquitted on that offense but has deadlocked on uncharged lesser included offenses. [Stone v. Superior Court (1982) 31 Cal.3d 503 (Stone)]

The Stone Rule and Federal Double Jeopardy Principles

Lawyer cannot concede client is guilty when client insists on a defense of factual innocence

Defendant was found guilty of first degree murder and using a knife in the commission of the crime after his lawyer conceded his guilt of voluntary manslaughter during closing argument. Defendant’s request to replace counsel was denied at sentencing and the court and imposed a sentence of 25 years to life, plus one year for the knife enhancement.

The Court of Appeal reversed the judgment and held that the Defendant’s absolute Sixth Amendment right to maintain his innocence was violated when counsel conceded guilt of voluntary manslaughter during closing argument, despite the defendant disagreeing  with the strategy. It did not matter that defendant did not consistently assert his right to maintain innocence or object to counsel’s concession until after he was convicted.