Implied Malice Murder of Fetus Applies Where Killer is Unaware of Existence of Fetus. Yesterday, in People v. Taylor, no. S112443, the California Supreme Court held that a conviction for implied malice murder of a fetus does not require proof that the killer was aware that the woman he killed was pregnant. This case has received a lot of attention, but it's probably not merited. It does not affect abortion rights. The fetal murder statute does not apply to abortions and this decision merely interpreted that statute as it applied to a non-abortion termination of a fetus. And the case probably has no implications for Scott Peterson, who apparently knew his wife was pregnant.

Justice Janice Rogers Brown wrote the majority opinion.
Justice Joyce L. Kennard was the lone dissenter.