Spolin Law P.C. Seeks SB 1437 Resentencing for Clients Convicted of "Special Circumstances" Murder After Recent California Supreme Court Decision
LOS ANGELES, Sept. 13, 2022 /PRNewswire/ -- On August 8, 2022, the California Supreme Court decided in People v. Christopher Strong that some special circumstance findings in murder cases do not automatically preclude defendants from resentencing relief under SB 1437.
SB 1437 was passed in 2018 to allow individuals convicted of certain murder charges to get a reduced sentence if they were not the actual killer, were not a substantial actor in the murder, and did not "act with reckless indifference to human life." This law is retroactive and applies to felony murder cases and those where a defendant was convicted under the natural and probable consequences doctrine.
Originally, many courts refused to apply SB 1437 to special circumstance felony murder cases. However, with the recent Supreme Court ruling, those cases may be reconsidered. Defendants may be able to vacate a conviction and get resentenced to achieve a reduced sentence.
Special circumstance murder is often called "capital murder" because it can result in the death penalty. A person may also be sentenced to life in prison without the possibility of parole (LWOP).
Defendants eligible for resentencing under SB 1437 may be released to return to their families, where that was not previously possible. Life sentences disproportionately affect people of color, who represent more than two-thirds (67.5%) of this group, according to The Sentencing Project.
SB 1437 and the recent Supreme Court decision in Strong are working to reduce unnecessary incarceration for people who did not actually commit murder but are serving a sentence as if they did.
Spolin Law P.C. is a criminal appeals law firm fighting for clients in state courts in California, Texas, Michigan, and New York, and in federal courts throughout the nation. We are dedicated to justice for those who have been wrongfully convicted or received overly harsh punishments. Our lead attorney Aaron Spolin, and his award-winning team of post-conviction lawyers is here to answer questions about SB 1437 resentencing and other relief in California.
SOURCE Spolin Law P.C.
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