Entries tagged with “Proposition 66

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Jul 20, 2021

California Supreme Court Rules that Voter Initiative Does Not Bar Death-Row Prisoners From Filing Additional Appeals Based on Newly Discovered Facts or New Court Decisions

In a unan­i­mous rul­ing, the California Supreme Court has lim­it­ed the reach of a con­tro­ver­sial vot­er ini­tia­tive that was intend­ed to accel­er­ate judi­cial review of death-penal­ty cas­es. In In re: Friend, decid­ed June 28, 2021, the court ruled that pro­vi­sions of Proposition 66 that strict­ly lim­it a death-row prisoner’s abil­i­ty to file suc­ces­sive chal­lenges to his or her cap­i­tal con­vic­tion or death sen­tence do not bar a cap­i­tal peti­tion­er from fil­ing a sec­ond or sub­se­quent peti­tion that rais­es new claims that could not have been raised in the prisoner’s ini­tial petition.