The felony murder rule allowed prosecutors to charge people with murder if they take part in a dangerous felony and someone gets killed in the process.
But state lawmakers tweaked it in September 2018 with SB-1437 -- passed on a 27-10 vote in the Senate and 42-36 in the Assembly. Now, if you're not a major participant and you didn't act with reckless indifference to human life, you're not a murderer.
Judge Gregg Prickett ruled the new law limiting application of the felony murder rule is unconstitutional, saying it has a few flaws, but specifically it required a two-thirds supermajority to pass because the original law was passed by proposition.
Judges across the state have had different interpretations of SB-1437, so it seems like the state Supreme Court will have to weigh in on its validity.
Fresno County prosecutors agreed to a lesser conviction for murder defendant Neko Wilson because of SB-1437 in October. Wilson's brother helped author the bill with him in mind. He was set free on October 18.