California appellate court rules that defendants must be allowed to argue aggravating sentencing factors to a jury, reversing an upper-term firearm enhancement where the trial court denied closing argument on those factors.
California appellate court reverses juvenile’s commitment to a Secure Youth Treatment Facility because the minor’s most recent offense by date was not a qualifying crime under section 707(b).
Second District holds that a jury’s not-true findings on personal firearm use and a robbery special circumstance do not collaterally estop a resentencing court from finding the defendant was the actual killer in a Penal Code section 1172.6 hearing, applying People v. Santamaria and joining Peo
Second District grants habeas petition vacating murder conviction where prosecutor failed to correct false eyewitness testimony about prior police identifications and defense counsel failed to impeach with the witnesses’ actual statements, applying the Supreme Court’s recent Glossip v. O