In re Brown CA2/7
The question before us is whether petitioner Kareem Jamal Brown is entitled to habeas corpus relief based on his claim that the evidence is insufficient to support a felony-murder special circumstance finding in light of the California Supreme Court’s rulings in People v. Banks (2015) 61 Cal.4th 788 (Banks) and People v. Clark (2016) 63 Cal.4th 522, 609-623 (Clark).
On April 11, 1996, a jury convicted Brown of first degree felony murder for aiding and abetting the attempted robbery of the Chino Valley Bank, during which codefendant Bobby White shot and killed Theresa Hernandez, a teller at the bank. Brown was waiting outside the bank with the getaway cars when the attempted robbery and shooting occurred. There was no evidence from which the jury could find Brown intended to kill Hernandez. Brown was sentenced to life without the possibility of parole.
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