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At the Lectern

Juvenile LWOP sentencing, death penalty opinions filing Monday [UPDATED]

May 2, 2014

The Supreme Court will file two three opinions on Monday morning.  Both Two matters were argued on February 4, so Monday is the last day to timely issue decisions within the 90-day period.

In the consolidated cases of People v. Moffett and People v. Gutierrez, the court will decide whether the Court of Appeal erred in remanding for resentencing in light of Miller v. Alabama (2012) 567 U.S. __ [132 S.Ct. 2455], although Penal Code section 190.5, subdivision (b), does not mandate a sentence of life without parole for a juvenile convicted of a special circumstance murder.

The court will also issue an opinion in People v. Hajek and Vo, an automatic appeal from an October 1995 judgment of death.

The opinions can be viewed online Monday beginning at 10:00 a.m.

[UPDATE:  We missed one.  The court will also be filing its opinion in People v. Chism, an automatic appeal from an October 2001 judgment of death.  Chism was argued on February 5.]

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