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Case: People v. Burgos (2022) 77 Cal.App.5th 550, review granted 7/13/2022
Case Number: S274743/H045212
Updated: February 15, 2023

Retroactivity of Assembly Bill No. 333’s Provision Permitting the Bifurcation of Gang Allegations at Trial

Briefing in People v. Burgos (2022) 77 Cal.App.5th 550, review granted 7/13/2022 (S274743) was initially deferred pending decision in People v. Tran (2022) 13 Cal.5th 1169 (S165998). On 10/12/2022, the court ordered briefing on…

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Case: People v. Ramirez (2022) 14 Cal.5th 176
Case Number: S262010/F076126
Updated: December 5, 2022

Drug Overdose as Implicit Waiver of Right to be Present at Trial / No Continuance for Defendant to Testify

(1) Did the trial court err in ruling that defendant's overdose on heroin during his jury trial was an implicit waiver of his right to be present and made him…

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Case: People v. Schuller (2021) 72 Cal.App.5th 221, review granted 1/19/2022
Case Number: S272237/C087191
Updated: January 19, 2022

Jury Instruction on Voluntary Manslaughter Based on Imperfect Self-Defense and Prejudice Standard

(1) Was the trial court's error in refusing to instruct the jury on voluntary manslaughter based on imperfect self-defense harmless? (2) What standard of prejudice applies to such an error?

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Case: People v. Superior Court (Jones) (2021) 12 Cal.5th 348
Case Number: S255826
Updated: December 2, 2021

Batson/Wheeler–Discovery of Prosecutor’s Jury Selection Notes

Does Penal Code section 1054.9 entitle an eligible defendant to discovery of a trial prosecutor's notes about jury selection with respect to a claim of Batson/Wheeler (Batson v. Kentucky (1986) 476 U.S. 79; People…

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Case: People v. Tran (2022) 13 Cal.5th 1169
Case Number: S165998
Updated: September 21, 2022

Assembly Bill No. 333 and Bifurcation of Gang Allegations at Trial

People v. Tran, S165998, an automatic appeal, included an issue involving the retroactivity of the provision in Assembly Bill No. 333 (Stats. 2021, ch. 699) permitting the bifurcation of gang allegations…

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