Remove 2021 Remove Felony Remove Prima Facie Case Remove Statute
article thumbnail

Legislature likes, clarifies Supreme Court interpretation of statute narrowing murder liability

At the Lectern

Lewis (2021) 11 Cal.5th 5th 952 interpreted Penal Code section 1170.95, which was enacted in Senate Bill 1437 , 2018 legislation narrowing murder liability under the felony murder theory and the natural and probable consequences doctrine. Lewis (2021) 11 Cal.5th Two months ago , the Supreme Court in People v.

article thumbnail

Supreme Court will hear challenges to PUC water rate decisions

At the Lectern

Faial , apparently to decide just how retroactive is Assembly Bill 1950 , 2020 legislation that shortened the maximum probation time for many felonies to two years. cases have drawn an extended separate statement by Justice Liu (see here ) and dissenting votes for review (see here ) in the past. Lemcke (2021) 11 Cal.5th

article thumbnail

Supreme Court will resolve conflict about co-tenancy leasing requirements (and about punctuation?)

At the Lectern

Burgos and limited briefing to: “Does the provision of Penal Code section 1109 governing the bifurcation at trial of gang enhancements from the substantive offense or offenses apply retroactively to cases that are not yet final?” The dissent claimed “section 1109 is not an ameliorative statute. Lewis (2021) 11 Cal.5th

Court 60