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Aug. 18, 2023

Standard of review for ‘kill zone’ theory clarified

Robert Weisberg, co-director of the Stanford Criminal Justice Center, explained that the opinion corrects a “mundane error” in the lower courts.

Standard of review for ‘kill zone’ theory clarified
California Supreme Court Justice Carol A. Corrigan wrote opinion that corrects a "mundane error" in the lower courts.

The California Supreme Court clarified Thursday what the proper standard of review should be for the Courts of Appeal when a defendant challenges a decision to instruct a jury to apply a concurrent intent or “kill zone” theory to an attempted murder allegation.

Robert Weisberg, Stanford University law professor and faculty co-director of the Stanford Criminal Justice Center, explained in an interview Thursday that the opinion corrects a “m...

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