In re ScogginsAnnotate this Case
In this appeal stemming from a first degree murder judgment the Supreme Court reversed the judgment of the court of appeal denying Petitioner's petition for writ of habeas corpus challenging the jury's special circumstance finding that the murder was committed during an attempted robbery, holding that Petitioner did not act with reckless indifference to human life and thus the special circumstance finding must be reversed.
After a trial, the jury convicted Petitioner of first degree murder and attempted robbery and found true the special circumstance allegation that the murder was committed during an attempted robbery. After Petitioner's conviction became final, the Supreme Court decided People v. Banks, 61 Cal.4th 788 (2015), and People v. Clark, 63 Cal.4th 522 (2016), which clarified the meaning of the special circumstances statute. After the court of appeal denied Petitioner's habeas corpus petition, the Supreme Court granted review to determine whether Petitioner's conduct was proscribed by the special circumstances statute as construed in Banks and Clark. The Supreme Court reversed the court of appeal's judgment, holding that the evidence did not support a finding that Petitioner acted with reckless indifference to human life.