Civil Rights,
California Courts of Appeal
Oct. 16, 2023
State Supreme Court urged to rule on Racial Justice Act
In his dissent, 2nd district Court of Appeal Justice Kenneth R. Yegan wrote, “I am aware of no instance in the history of California law where the Legislature has purported to define what constitutes structural error.”
A divided 2nd District Court of Appeal panel upheld a state law that allows criminal defendants to challenge a conviction or sentence if they can persuade a court it was affected by their race and ethnicity.
But the justices, even the majority opinion, said legal questions surrounding the Racial Justice Act should be addressed by the state Supreme Court. “We are hopeful, indeed confident, that our Supreme Court will resolve this issue … so...
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