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IN RE FERRELL

No. S265798.

14 Cal.5th 593 (2023)

In re TYREE FERRELL on Habeas Corpus.

Supreme Court of California.

April 6, 2023.

Attorney(s) appearing for the Case

Clifford Gardner , under appointment by the Supreme Court, for Petitioner Tyree Ferrell.

Rob Bonta , Attorney General, Lance E. Winters , Chief Assistant Attorney General, Susan Sullivan Pithey , Assistant Attorney General, Louis W. Karlin , David W. Williams and Lindsay Boyd , Deputy Attorneys General, for Respondent Department of Corrections and Rehabilitation.

OPINION

Jury instructions erroneously permitted the second degree murder conviction of petitioner Tyree Ferrell based on a felony-murder theory invalidated by People v. Chun (2009) 45 Cal.4th 1172 [91 Cal...

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