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In the murder case brought against the former attorneys and owners of two vicious dogs that attacked and killed a woman in San Francisco, the California Supreme Court orders that the conviction of one defendant be sent back to the trial court using the proper test for “implied malice” in her second-degree murder case.
The court found that “a conviction for second degree murder, based on a theory of implied malice, requires proof that a defendant acted with conscious disregard of the danger to human life.” The Supreme Court ruled that the appeals court erred, because it convicted defendant of second-degree murder using a different test, i.e., that “defendant’s conscious disregard of the risk of serious
bodily injury” was enough to convict Knoller of the second-degree murder charges, when it wasn’t
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