case details


SB 1437--Prosecution's Burden of Proof to Show Petitioner's Ineligibility for Resentencing

Can the People meet their burden of establishing a petitioner?s ineligibility for resentencing under Penal Code section 1170.95, subdivision (d)(3) by presenting substantial evidence of the petitioner's liability for murder under Penal Code sections 188 and 189 as amended by Senate Bill No. 1437 (Stats. 2018, ch. 1015), or must the People prove every element of liability for murder under the amended statutes beyond a reasonable doubt? (People v. Duke (2020) 55 Cal.App.5th 113, review granted 1/13/2021 (S265309/B300430).)

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

  • People v. Garcia (2020) 57 Cal.App.5th 100, review granted 2/10/2021 (S265692/B300163)
  • People v. Lopez (2020) 56 Cal.App.5th 936, review granted 2/10/2021 (S265974/H047254)
  • People v. Rodriguez (2020) 58 Cal.App.5th 227, review granted 3/10/2021 (S266652/B303099)
  • People v. Villegas (Dec. 9, 2020, B300146) [nonpub. opn.], review granted 3/10/2021 (S266616)

Updated: 3/10/2021

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