In re Taylor

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In 1991, 70-year-old Cary was shot and killed as she made a night deposit of the receipts from the liquor store where she worked. Davis, Taylor, Shackelfoot, and Lawless had planned the robbery. Davis attempted the robbery and shot Cary while the others waited in a car driven by Taylor. A jury convicted Taylor of first-degree felony murder and found that the killing occurred in the commission of an attempted robbery that he aided and abetted “as a major participant” and “with reckless indifference to human life,” a special circumstance requiring a sentence of life in prison without the possibility of parole (Penal Code 190.2(d)). The reckless indifference finding was based on the fact that after the shooting, Taylor simply drove off, later stating, “Fuck that old bitch.” In 2018, Taylor sought habeas corpus relief to have the special circumstance vacated under the California Supreme Court’s “Banks” and “Clark” decisions, which clarified what it means for an aiding and abetting defendant to be a major participant who acted with reckless indifference to human life. A defendant acts with reckless indifference to human life when he “knowingly creat[es] a ‘grave risk of death.’” The court of appeal granted his petition. Evidence of a defendant’s actions after a murder betraying an indifference to the loss of life does not, alone, establish that the defendant knowingly created a grave risk of death. There was no other evidence that Taylor had such intent. . View "In re Taylor" on Justia Law