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Earnest Cassell Woods, II v. California

Paid petition · Court of Appeal of California, Fourth Appellate District, Division One, No. D075613 · judgment October 7, 2019

Certiorari denied · October 5, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions 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 DEFENSE?

  6. SINCE SB1437 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?

Counsel of record

For petitioner
Earnest Cassell Woods II

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jul 01 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Mar 06 2020
    Petition for a writ of certiorari filed. (Response due June 19, 2020)