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Criminal,
California Courts of Appeal

Aug. 5, 2020

Split panel says trial judge erred in ruling recent murder law is unconstitutional

Prosecutors throughout the state have raised similar arguments, and appeals courts have routinely rejected them, largely relying on two 2019 rulings from the 5th District that upheld the constitutionality of the law.

A Kern County Superior Court judge erred when he found a 2019 law that eliminated murder liability under the natural and probable consequences doctrine is unconstitutional, a split 5th District Court of Appeal panel ruled Tuesday.

In a 49-page opinion, Justice Kathleen A. Meehan reversed Judge John S. Somers' judgment that Senate Bill 1437 unconstitutionally amended C...

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