If you are unable to see this message, click here to view it in a web browser.

Justia Daily Opinion Summaries

Supreme Court of California
December 18, 2020

Table of Contents

People v. Gentile

Criminal Law

COVID-19 Updates: Law & Legal Resources Related to Coronavirus

Click here to remove Verdict from subsequent Justia newsletter(s).

New on Verdict

Legal Analysis and Commentary

Joe, Joey, Joe-Baby, Sexist: Where’s Your Imposter Syndrome?

JOANNA L. GROSSMAN

verdict post

SMU Dedman School of Law professor Joanna L. Grossman responds to a recent Wall Street Journal op-ed criticizing soon-to-be First Lady Jill Biden for using the academic title she earned. Professor Grossman dissects the op-ed, penned by a retired lecturer at Northwestern University, and explains the deep and pervasive sexism behind it.

Read More

Supreme Court of California Opinions

People v. Gentile

Docket: S256698

Opinion Date: December 17, 2020

Judge: Goodwin Liu

Areas of Law: Criminal Law

The Supreme Court held that Senate Bill 1437 bars a conviction for second degree murder under the natural and probable consequences theory and that the procedure set forth in Cal. Penal Code 1170.95 is the exclusive mechanism for retroactive relief and that, therefore, the ameliorative provisions of Senate Bill 1437 do not apply to nonfinal judgments on direct appeal. Among other things, Senate Bill 1437 amended Cal. Penal Code 188 to provide that in order to be convicted of murder, a principal in a crime shall act with malice aforethought. At issue in this appeal was the affect of this amendment on the natural and probable consequences doctrine as it applies to second degree murder. The Supreme Court remanded this matter to the court of appeal to affirm Defendant's second degree murder conviction without prejudice to any petition for relief that Defendant may file under section 1170.95, holding (1) section 188(a)(3) bars conviction for second degree murder under a natural and probable consequences theory; and (2) the ameliorative provisions of Senate Bill 1437 do not automatically apply to nonfinal judgments on direct appeal.

Read Opinion

Are you a lawyer? Annotate this case.

About Justia Opinion Summaries

Justia Daily Opinion Summaries is a free service, with 68 different newsletters, covering every federal appellate court and the highest courts of all US states.

Justia also provides weekly practice area newsletters in 63 different practice areas.

All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com.

You may freely redistribute this email in whole.

About Justia

Justia is an online platform that provides the community with open access to the law, legal information, and lawyers.

Justia

Contact Us| Privacy Policy

Unsubscribe From This Newsletter

or
unsubscribe from all Justia newsletters immediately here.

Facebook Twitter LinkedIn Justia

Justia | 1380 Pear Ave #2B, Mountain View, CA 94043