- Criminal: San Bernardino Superior Judge Kawika Smith’s denial of resentencing affirmed in People v. Gay (FVI08impl133/E079283)
- James Gay was convicted of first degree and second degree murder, and sentenced to 25 years to life and 15 years to life. Prosecutors argued Gay had planned the 1998 murder of Christopher Harvey, who Gay accused of robbing his house. While Gay’s accomplice, Steffon Moore, was transporting Harvey to the grave they had dug for him, Harvey shot and killed Moore. Gay was convicted of both murders, because, under the felony murder rule, a defendant can be convicted of murder for a killing that occurs during a dangerous felony, even if they did not directly murder the victim.