California Legal Brief

The Rule of People v. Bankston is that penalty phase proceedings in capital cases that are marked by errors under the California Racial Justice Act of 2020 (Penal Code section 745, subdivision (a)) require reversal of the death judgment, under circumstances where both prosecution and defense agree such errors occurred.

The Rule of People v. Deen is that a trial court must conduct an objective evaluation of whether a prospective juror's circumstances would prevent or substantially interfere with their ability to act with entire impartiality, even when the juror states they can be fair, under circumstances where a panelist has personal relationships with victims or witnesses, has received detailed case information from prospective witnesses, and expresses concerns about their ability to be impartial.