March 6, 2013
The Supreme Court will file tomorrow its opinion in People v. Wilkins, which was argued in January. The court will decide whether the trial court should have instructed the jury, as requested, with CALCRIM No. 3261, on the theory that a homicide and an underlying felony do not constitute one continuous transaction for purposes of the felony-murder rule if the killer has escaped to a place of temporary safety before the homicide takes place.
The Wilkins opinion can be viewed online beginning at 10:00 a.m. tomorrow.