JURIST

JULY 28, 2021

The California Supreme Court held Monday that prisoners are entitled to a lawyer before a trial court can consider their record of conviction in determining whether the prisoners may challenge their murder convictions for killings committed by others. The new law in question was California Senate Bill No.

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At the Lectern

APRIL 17, 2025

’ The court concluded, however, that the petition didn’t make a prima facie case — “the allegations of the petition do not support the conclusion that the language cited by petitioner is racially discriminatory or that it reflects racial bias or animus.”

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At the Lectern

MARCH 28, 2024

Chief Justice Patricia Guerrero has cited the California Racial Justice Act ( here and here ) as one of the “important landmark new laws” that is “impacting [the court’s] workflow.” The court yesterday denied review and a depublication request in one case involving that legislation, Mosby v.

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At the Lectern

JULY 1, 2021

and California Supreme Court decisions holding it unconstitutional for an attorney to racially discriminate in peremptorily challenging prospective jurors. The superior court ruled the defendant had not made even a prima facie case of discrimination and thus did not require the prosecutor to justify his challenge.

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At the Lectern

OCTOBER 14, 2022

Assuring that “[t]he Goddess of justice is not wearing a black armband today weeping for the California Constitution,” a 2-1 Second District, Division Six, published opinion said “[i]t is our Constitutional obligation to affirm a judgment, where a more favorable outcome will not result upon reversal.” 29; see also Cal.

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At the Lectern

DECEMBER 12, 2024

In June we wrote the California Racial Justice Act ( here and here ) “is a good candidate to be the next big thing on the courts docket. The Supreme Court had asked for an informal response concerning “whether petitioner has set forth a prima facie case for relief on his claim under the Racial Justice Act.”

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At the Lectern

JUNE 17, 2024

Supreme Court’s Batson decision and the California Supreme Court’s Wheeler decision establish that it’s unconstitutional for an attorney to racially discriminate in peremptorily challenging prospective jurors. The prosecution used peremptory challenges to excuse five Black women from the jury.

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