Judges and Judiciary,
California Supreme Court,
9th U.S. Circuit Court of Appeals
Apr. 11, 2022
Panel declines to decide special circumstances dispute
A 2nd District Court of Appeal acknowledged a possible state Supreme Court request, to decide whether judges have the power to reinstate special circumstances and other enhancements against a defendant after the Los Angeles County district attorney has dismissed them.
Acknowledging the state Supreme Court may have wanted it to, a 2nd District Court of Appeal panel chose not to decide whether judges have the power to reinstate sentence-extending enhancements after the Los Angeles County district attorney dismissed them in a double murder case.
“We understand our Supreme Court’s grant and transfer order to require us to follow additional procedures to ensure we have given the matter careful consideration. ...
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