Tomorrow morning, the Supreme Court will file opinions in two criminal cases from the early-May calendar.
In People v. Banks, where the defendant was sentenced to life without parole for aiding and abetting a felony that resulted in a murder, the court will address these questions: (1) Was the evidence sufficient to establish that defendant Matthews was a “major participant” within the meaning of Penal Code section 190.2, subdivision (d)? (2) Does the true finding on the special circumstance violate due process? (U.S. Const., 5th & 14th Amends.; Cal. Const., art. I, §§ 7, 15; Enmund v. Florida (1982) 458 U.S. 782.)
The court will also decide People v. Johnson, not to be confused with the recently decided People v. Johnson or People v. Superior Court (Johnson). This People v. Johnson is an automatic appeal from an April 2002 judgment of death.
The opinions can be viewed tomorrow starting at 10:00 a.m.
