Friday, October 16, 2015

          Professor Evan Lee Publishes Article about California’s 2nd Degree Felony Murder Rule

          New article argues that the Rule is overly vague and therefore unconstitutional.
          Professor Lee

          Published in Constitutional Law Quarterly, “Why California's Second-Degree Felony-Murder Rule is Now Unconstitutionally Vague” is already creating a stir in prison populations across the state.

          “Several inmates are using the article as a blueprint to challenge their convictions,” says Professor Lee. “In fact, former Justice Cruz Reynoso enlisted the help of a firm to mount one of these challenges on behalf of a lifer he has represented for more than 30 years.”

          For years, justices on the California Supreme Court (CSC) have engaged in public soul-searching about whether to overrule the state’s second-degree felony-murder doctrine. Now there is a powerful external reason for the CSC to revisit the question: The United States Supreme Court has just struck down the so-called “residual clause” of the federal three-strikes statute as unconstitutionally vague.

          Although the immediate intuition of experienced judges and lawyers will be to deny that this decision has any application to the felony-murder rule, Professor Lee demonstrates that, from the standpoint of vagueness, the two provisions are materially indistinguishable.

          Download the article from SSRN here.

          Go to News Archive

          Share this Story

          Share via Facebook
          Share via TwitterShare via EmailPrint Friendly Version

          Other Recent Stories/ RSS

          Wednesday, March 22, 2017

          We’re #1: UC Hastings Trial Team Wins National Ethics Trial Competition

          The UC Hastings Trial Team keeps bringing home the gold with another first place finish.
          Wednesday, March 22, 2017

          Tracking the Future of the Affordable Care Act

          UCSF/UC Hastings Consortium on Law, Science and Health Policy launches Health Reform Tracker website.
          Tuesday, March 21, 2017

          UC Hastings LL.M. student Simren Delaney works with early stage Bay Area startups

          Now in its 7th year, the Startup Legal Garage enables UC Hastings students to work with early stage Tech and BioTech companies to provide them with corporate and intellectual property legal services under the supervision of leading attorneys throughout the Bay Area.
          Tuesday, March 14, 2017

          Message from Dean Faigman: US News Rankings

          While it is an annual rite of spring for deans to celebrate or lament the widely variable swings in rankings from year-to-year, UC Hastings must keep its eyes on what counts. We are doing that.
          Tuesday, March 07, 2017

          What Worked for Us May Work for You: Alumni Share Bar Success Stories for New Blog

          UC Hastings launches the Bar Passage Success Stories and Strategies blog.
          Go to News Archive