Justice Liu Again Calls for the CSC to Revisit the Question of Whether PC 190.3 Factor(b) Violates Apprendi
July 26th, 2022

The Due Process Clause of the federal constitution (Fifth and Fourteenth Amendments) protect the accused against conviction except upon proof beyond a reasonable doubt of every essential fact and element of the charge. (In re Winship (1970) 397 US 358, 364 [90 SCt 1068; 25 LEd2d 368]; see also Fiore v. White (2001) 531 US 225 [121 SCt 712; 148 LEd2d 629]; Apprendi v. New Jersey (2000) 530 US 466 [120 SCt 2348; 147 LEd2d 435]; U.S. v. Gaudin (1995) 515 US 506, 514 [115 SCt 2309; 132 LEd2d 444]; Sullivan v. Louisiana (1993) 508 US 275, 278-81 [113 SCt 2078; 124 LEd2d 182].)

 

In People v. McDaniel (2021) 12 Cal.5th 97, 176, Justice Liu concluded that “the 20-year arc of the high court’s Sixth Amendment jurisprudence [since Apprendi] raises serious questions about the constitutionality of California’s death penalty scheme.” (Id. at p. 176 [“this court, as well as other responsible officials sworn to uphold the Constitution, [should] revisit this issue.”].)

 

See also Justice Liu Identifies Defect in California Death Penalty Process
October 20th, 2021

 

In People v. Pineda; S150509 (6/27/22), Justice Liu issued a concurring opinion which restated the concerns he expressed in McDaniel.


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