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Name: People v. Ewing
Case #: C097547
Opinion Date: 12/13/2023
Attorney: James Bisnow

The Court of Appeal agreed with the parties that the trial court erred in engaging in fact-finding and denying appellant’s Penal Code section 1172.6 petition at the prima facie stage. The trial court relied on the opinion in appellant’s direct appeal, which did not address the question of whether appellant was a major participant who acted with reckless disregard for human life at all, much less resolve it as a matter of law. The Court of Appeal reversed the order denying appellant’s petition and remanded the matter with directions to issue an order to show cause.