Interesting issue before 9th circuit

19 Nov

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D was found guilty for felony murder after the jury found that he shot someone during a robbery. He told the prosecution after the conviction that actually his cousin was the shooter.  The state believed him and had him resentenced from LWOP to possibility of parole.  D appealed saying this deprived him the right to have the issue of whether he was an aider and abettor decided by the jury. the 9th circuit agreed and decided he was entitled to a new trial.  Interesting issue, right result, D gets a new trial.

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