Legal Opinion
People v. Gutierrez
California Supreme Court
Decided May 5, 2014No. S206365; S206771PublishedCited by 251 opinions
1Opinion of the Court
Opinion
LIU, J.
The two 17-year-old offenders in these cases were convicted of special circumstance murder and sentenced to life imprisonment without the possibility of parole under Penal Code section 190.5, subdivision (b) (hereafter section 190.5(b)). Section 190.5(b) provides that the penalty for 16- or 17-year-old juveniles who commit special circumstance murder “shall be confinement in the state prison for life without the possibility of parole or, at the discretion of the court, 25 years to life.” For two decades, since People v. Guinn (1994) 28 Cal.App.4th 1130 [33 Cal.Rptr.2d 791]…
2Cases cited42 opinions
- Miller v. AlabamaSupreme Court of the United States · 2012
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Woodson v. North CarolinaSupreme Court of the United States · 1976
- Roper v. SimmonsSupreme Court of the United States · 2005
- United States v. TuckerSupreme Court of the United States · 1972
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3Cited by251 opinions
- People v. Dueñas, California Court of Appeal, 5th District2019
- State of Iowa v. Damion John SeatsSupreme Court of Iowa · 2015
- People v. HolmanIllinois Supreme Court · 2017
- People v. Anthony, California Court of Appeal, 5th District2019
- Benard McKinley v. Kim ButlerCourt of Appeals for the Seventh Circuit · 2016
246 more not listed; retrieve them via the Exa API.