In re White

Petitioner Gregory White challenged the constitutionality of his conviction for second degree felony murder on the basis of the United States Supreme Court’s decision in Johnson v. United States, 135 S.Ct. 2551 (2015), and petitioned for a writ of habeas corpus. Petitioner and a friend were "pulling" methamphetamine from Coleman fuel canisters when burning fuel splashed back on the friend's face, burning him. Petitioner managed to put the flames out, leaving him with a third friend to drive the burned-friend (Rhea) to the hospital. Rhea friend died as a result of his injuries; eventually, Petitioner was questioned by law enforcement. Petitioner was charged in a two-count information with the murder of Rhea (count 1) and with manufacturing methamphetamine (count 2). It was further alleged that defendant had one prison prior, and had a prior conviction for possessing ephedrine for the manufacture of methamphetamine, an enhancement in count 2. On count 1, the jury was instructed on second degree implied malice murder and second degree felony murder. The evidence showed that an explosion occurred while defendant and Rhea were manufacturing methamphetamine. Rhea suffered extensive second and third degree burns, and later died of his injuries. The jury found defendant guilty of second degree felony murder; guilty as charged in count 2; and found the prison prior and enhancement allegations true. The jury specially found that the murder “occurred during the commission of the crime of manufacturing methamphetamine” and that the murder “was not committed with implied malice.” On appeal, petitioner contended the United States Supreme Court’s Johnson ruling (that the residual clause of the Armed Career Criminal Act, 18 U.S.C.S. section 924(e)(2)(B)(ii) (hereafter ACCA), was unconstitutionally vague and failed to meet the due process requirement of notice to potential defendants but invites arbitrary enforcement by judges) applied equally to California’s second degree felony-murder rule. After careful consideration, the Court of Appeal could not find Petitioner was entitled to a reversal under Johnson, therefore his request for a writ of habeas corpus was declined. View "In re White" on Justia Law