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.