Constitutional Cases
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Constitutional

California Supreme Court
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People v. Morris — California Supreme Court Says Non-Killer Must Aid the Lethal Act, Not Just the Underlying Felony, to Be Guilty of First-Degree Felony Murder

The California Supreme Court holds that a non-killer accomplice with intent to kill is guilty of first-degree felony murder only if they aided the actual killer in the lethal act itself, not merely the underlying felony — reopening resentencing for many defendants previously denied.

2nd District Court of Appeal
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Jessica M. v. CDCR — Penal Code Section 3051 Youth Offender Parole Hearings Constitutional as Applied to Forcible Sex Offenders Sentenced Under Section 667.6

Second District holds that Penal Code section 3051 youth offender parole hearings are constitutional as applied to forcible sex offenders sentenced under section 667.6’s full consecutive sentence scheme, finding that section 3051 did not improperly amend Proposition 83 (Jessica’s Law).

2nd District Court of Appeal
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People v. Hardy — California’s Assault Weapon, Silencer, and Large-Capacity Magazine Bans Survive Second Amendment Facial Challenge After Bruen

Second District rejects facial Second Amendment challenges to California’s prohibitions on assault weapons, short-barreled shotguns, silencers, and large-capacity magazines, holding that these regulations survive scrutiny under Heller, Bruen, and the common use test.

Supreme Court
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People v. Bertsch and Hronis — Convictions Affirmed, Bertsch Death Sentence Stands, but Hronis Death Sentence Vacated Because of Later Changes to Self-Representation Law

The California Supreme Court affirms the convictions and Bertsch’s death sentence in this 1985 kidnap-rape-murder case but reverses Hronis’s death sentence because of post-trial changes in the law governing a defendant’s mental competency to represent himself.

6th District Court of Appeal
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Armstrong v. Superior Court — Probation department, not court, decides eligibility for young adult deferred entry of judgment under Penal Code section 1000.7

Sixth District holds that the probation department, not the trial court, decides eligibility for Penal Code section 1000.7’s young adult deferred entry of judgment pilot program and rejects separation of powers and abuse of discretion challenges to a denial based on out-of-county residence.

5th District Court of Appeal
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In re Bergstrom — Penal Code section 292 validly defines ‘acts of violence’ and ‘great bodily harm’ under California Constitution’s no-bail provision

Fifth District holds that Penal Code section 292’s definitions of ‘acts of violence’ and ‘great bodily harm’ are constitutional under California Constitution article I, section 12, and that a no-bail order in a serious child sexual abuse case was supported by clear and

2nd District Court of Appeal, Division One
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In re Lynex — Racial Justice Act Petitioner Entitled to Counsel on a ‘Plausible Allegation’ Standard, Not a Prima Facie Showing

Second District grants writ of mandate, holding that an indigent petitioner under California’s Racial Justice Act must show only a ‘plausible allegation’ of a violation to obtain counsel — not a prima facie showing of entitlement to relief — and may amend his petition to meet that

4th District Court of Appeal, Division Three
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Anaheim Police Dept. v. Crockett — Gun Violence Restraining Order Properly Issued Against Father Whose Son Threatened a School Shooting

Fourth District affirms a Gun Violence Restraining Order against a father whose adult son with a documented mental-health history threatened a mass shooting at a local high school, holding the order survives Second Amendment, vagueness, and overbreadth challenges.

4th District Court of Appeal, Division One
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People v. Zapata — Confession to Undercover ‘Perkins’ Operatives Inadmissible When Suspect Had Invoked Right to Counsel

Fourth District reverses a second-degree-murder conviction, holding that statements obtained from a defendant during an undercover Perkins operation were inadmissible under Miranda because the suspect had invoked his right to counsel and a known law-enforcement officer continued to ‘stimulate&

2nd District Court of Appeal, Division One
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People v. Heaps — UCLA Gynecologist’s Convictions Reversed Where Trial Court’s Ex Parte Communications With Jury Deprived Defendant of Counsel

Second District reverses convictions of former UCLA gynecologic oncologist James Heaps, holding the trial court’s ex parte communications with the jury through a judicial assistant — without notifying counsel — deprived defendant of counsel at a critical stage and the prosecution failed to pro

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