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Retroactivity of PC § 352.2 (Added by AB 2799), Which limits the Admissibility of Creative Expressions

Case Name: People v. Bankston; People v. Hin
Case #: S044739 (Bankston) / S141519 (Hin)
Last Updated: August 9, 2023

People v. Bankston and People v. Hin, both automatic appeals, include an issue involving the retroactivity of the provision in Assembly Bill No. 2799 (Stats. 2022, ch. 973) limiting the admissibility of creative expressions (Evid. Code, § 352.2).

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

  • People v. Venable (2023) 88 Cal.App.5th 445, review granted 5/17/2023 (S279081/E071681)
  • People v. Martinez (F079274) [nonpub. opn.], review granted 6/14/2023 (S279680)
  • People v. Ramos (D074429) [nonpub. opn.], review granted 7/12/2023 (S280073)
  • People v. Perez (C095466) [nonpub. opn.], review granted 8/9/2023 (S280797)
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