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Does Gallardo (Limiting Judicial Fact-Finding for Prior Convictions) Apply Retroactively

Do the limitations of People v. Gallardo (2017) 4 Cal.5th 120 on judicial fact-finding concerning the basis for a prior conviction apply retroactively to final judgments? (Compare In re Milton (2019) 42 Cal.App.5th 977 with In re Brown (Feb. 25, 2020, E071401) 45 Cal.App.5th 699.) (In re Milton (2019) 42 Cal.App.5th 977, review granted 3/11/2020 (S259954/B297354).) A request for an order directing depublication of the opinion was denied.

Review on this issue has also been granted with briefing deferred in:

  • In re Chamberlain (Dec. 24, 2019, B300885) [nonpub. opn.], review granted 3/25/2020 (S260133)
  • In re Brown (2020) 45 Cal.App.5th 699, review granted 6/10/2020 (S261454/E071401)
  • In re Haden (2020) 49 Cal.App.5th 1091, review granted 8/12/2020 (S263261/A158376)
  • In re Scott (2020) 49 Cal.App.5th 1003, review granted 8/12/2020 (S262716/D076909)
  • In re Jackson (Oct. 13, 2020, E072464) [nonpub. opn.], review granted 12/23/2020 (S265676)

Updated: 12/23/2020

Return to: California Supreme Court Pending Issues.

 

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