No. 20-6926
Nestor Alegria Hernandez v. California
Response WaivedIFP
Tags: criminal-procedure due-process equal-protection fourteenth-amendment intoxicated-driving involuntary-manslaughter jury-instructions lesser-included-offense
Key Terms:
DueProcess Securities
DueProcess Securities
Latest Conference:
2021-02-19
Question Presented (AI Summary)
Whether California law violates the Fourteenth Amendment's Equal Protection Clause by requiring its courts to instruct on involuntary manslaughter as a lesser included offense in all murder prosecutions when substantial evidence warrants, but precluding such instruction, even when supported by substantial evidence, solely in murder prosecutions where intoxicated driving is involved
Question Presented (OCR Extract)
No question identified. :
Docket Entries
2021-02-22
Petition DENIED.
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-01-29
Waiver of right of respondent The People of the State of California to respond filed.
2021-01-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2021)
Attorneys
Nestor Hernandez
Steven Schorr — Attorney at Law, Petitioner
Steven Schorr — Attorney at Law, Petitioner
The People of the State of California
Seth Kasel Schalit — Attorney General's Office, Respondent
Seth Kasel Schalit — Attorney General's Office, Respondent