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California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6

by David M. Reutter

The Court of Appeal of California, Fourth Appellate District, held that a prisoner’s constitutional and statutory rights to be personally present at an evidentiary hearing to determine if Senate Bill 1437 prohibits charging him with felony murder were violated. Finding the error was not harmless beyond ...

 

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