No. 19-1303

Earnest Cassell Woods, II v. California

Lower Court: California
Docketed: 2020-05-20
Status: Denied
Type: Paid
Tags: criminal-law criminal-procedure due-process mens-rea murder-conviction natural-probable-consequences resentencing retroactive retroactivity self-defense senate-bill-1437 sentencing statutory-interpretation
Key Terms:
DueProcess
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Does Senate Bill 1437 added Section 1170.95 permit persons convicted of murder under the natural and probable consequences theory to petition for vacation of their convictions and resentencing?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED / 1, DOES SENATE BILL 1437 ADDED SECTION 1170.95, WHICH PERMITS PERSONS CONVICTED OF MURDER UNDER THE NATURAL AND PROBABLE CONSEQUENCES THEORY TO PETITION IN THE SENTENCING COURT FOR VACATION OF THEIR CONVICTIONS AND RESENTENCING IF CERTAIN CONDITIONS WERE NOT MET? 2. IF THE CONVICTION FOR MURDER REQUIRES THAT A PERSON ACT WITH MALICE AFORETHOUGH. A PERSONS CULPABILITY OWN ACTIONS AND SUBJECTIVE MENS REA, IF THESE REQUIREMENTS WERE NOT MET, CAN THE ACTUAL KILLER PETITION THE COURT FOR VACATION OF THEIR CONVITIONS __ AN RESENTENCING? 3. DOES SENATE BILL 1437 APPLY TO SECOND DEGREE MURDER WITH IMPLIED MALICE? 4. DOES SENATE BILL 1437 APPLICATION COMPLIES WITH THE LEGISLATIVE INTENT IF IT DOES NOT INCLUDE IMPLIED MALICE? | 5. DOES A DISABLED VETERAN HAVE A RIGHT TO KEP AND BARE ARMS IN SELF 7 DEFENSE? 6. SINCE $B1437 IS RETROACTIVE, IS THE PERSONS OWN ACTIONS AND SUBJECTIVE MENS REA RETROACTIVE? 7. WOOD'S RECORD SHOWS THAT HIS ACTIONS AND SUBJECTIVE MENS REA WAS BASED ON HIS UNREASONABLE BELIEF IN SELF-DEFENSE THAT WAS NOT LEGALLY RECOGNIZED AT THE TIME OF TIRAL, IS IMPERFECT SELF DEFENSE NOW RETROACTIVE?

Docket Entries

2020-10-05
Petition DENIED.
2020-07-01
DISTRIBUTED for Conference of 9/29/2020.
2020-03-06
Petition for a writ of certiorari filed. (Response due June 19, 2020)

Attorneys

Earnest Cassell Woods
Earnest Cassell Woods II — Petitioner
Earnest Cassell Woods II — Petitioner