Criminal
Oct. 2, 2019
Appeal panel chides Legislature for overruling electorate
A state appellate panel overturned a new law that prohibits district attorneys from prosecuting minors in adult courts, criticizing the Legislature and becoming the first court to render any part of the law invalid.
A state appellate panel overturned a new law that prohibits district attorneys from prosecuting minors in adult courts, criticizing the Legislature and becoming the first court to render any part of the law invalid.
"The Legislature cannot overrule the electorate ... under the guise of 'amendment,'" said the Monday decision written by 2nd District Court of Appeal Justice
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In
Enewsletter Sign-up
Related Content
Criminal
New bill would raise juvenile criminal coverage to age 20
By Malcolm Maclachlan
Juveniles
O.G. v. Superior Court
Senate Bill No. 1391 was inconsistent with Proposition 57 as a matter of law because it prohibited what Proposition 57 authorized, so petitioner may be prosecuted in adult court.
Criminal Law and Procedure
People v. Superior Court (Alexander C.)
Senate Bill 1391 is consistent with and furthers the intent of Proposition 57; thus, the district attorney's petition for writ of mandate is denied.
Juveniles
People v. Superior Court (K.L.)
The intent of Proposition 57 was to reduce the number of youths prosecuted as adults, and Senate Bill 1391 was not unconstitutional since it furthered, rather than contravened, that purpose.
Criminal Law and Procedure
People v. Superior Court (T.D.)
Senate Bill No. 1391 promotes Proposition 57's goal of juvenile rehabilitation, by ensuring virtually all 14- and 15-year-olds who commit crimes will be processed through the juvenile jus...
Juveniles
People v. Superior Court (Santa Clara)
Senate Bill 1391 furthered Proposition 57's stated purposes and bolstered its voter-approved repealing of Proposition 21, so it did not unconstitutionally amend either initiative.
