People v. Mitchell

Opinion

WORK, J.

Emmette Dize, Mitchell appeals his conviction for murdering his four-year-old nephew (Pen. Code, § 187) 1 on multiple grounds: (1) Withdrawing life support systems from the allegedly “brain dead” victim without providing Mitchell a judicial hearing to first determine whether death had already occurred, denied due process of law and assistance of counsel; by “pulling the plug” the state participated in the killing while attempted murder charges were pending, thus, precluding it from later charging Mitchell with the murder; and “brain death” is not a proper standard for criminal…