JURIST
JULY 28, 2021
1437 , which limited the scope of the “natural and probable consequences” doctrine and felony murder to prevent liability from being imposed on a person “who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.”
At the Lectern
SEPTEMBER 20, 2021
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. Two months ago , the Supreme Court in People v. Lewis (2021) 11 Cal.5th Lewis (2021) 11 Cal.5th Lewis , supra , at pp.
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At the Lectern
JUNE 29, 2023
Resentencing prima facie case. Reyes , one of many cases concerning possible resentencing under Senate Bill 1437 (more about today’s Reyes decision later [ update : here ]), the court agreed to take on yet another SB 1437 case, People v. Criminal case grant-and-holds. 22 challenge. COVID insurance.
At the Lectern
JANUARY 15, 2025
The court last month agreed to hear Montgomery (see here ), with the issue as summarized by court staff (see here ), Must a petitioner allege a prima facie case for relief under the Racial Justice Act (Pen. Code, 745; RJA) before the trial court can consider a discovery request for disclosure of evidence under the RJA (id.,
At the Lectern
MAY 19, 2022
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. Veteran’s resentencing.
At the Lectern
OCTOBER 14, 2022
The order requires the Fourth District, Division One, to determine whether relief should be granted “on the ground the trial court and court of appeal misapplied the standard for establishing a prima facie case for relief (Petn. 29; see also Cal. Rules of Court, rule 4.551, subd. (c)(1); c)(1); People v.
At the Lectern
NOVEMBER 27, 2024
Here are some, mostly involving Senate Bill 1437 , legislation that limited criminal liability for felony murder and eliminated it for murder under the natural-and-probable-consequences doctrine: Pardon recommendation. In addition, petitioner fails to demonstrate a prima facie case warranting habeas relief.”
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