Professor Evan Lee Cited in Ninth Circuit Habeas Corpus Opinion
Professor Evan Lee鈥檚 scholarly article for the Hastings Constitutional Law Quarterly, entitled 鈥淲hy California鈥檚 Second-Degree Felony-Murder Rule is Now Void for Vagueness,鈥 was cited by Ninth Circuit Judge Ronald M. Gould in his opinion in the case of Henry v. Spearman.
The matter involved a California state prisoner鈥檚 application for authorization to file a second or successive habeas corpus petition challenging his conviction for second degree murder and discharging a firearm at an inhabited dwelling. As part of his opinion, which concluded that the Petitioner made the necessary showing to file another 28 U.S.C. 搂 2254 habeas corpus petition, and granted the Petitioner鈥檚 motion to file a second or successive habeas corpus petition, Judge Gould favorably cites Professor Lee as follows:
鈥淯nlike the felony-murder rules in all other states, California鈥檚 rule takes an abstract approach to evaluating a crime鈥檚 dangerousness. See Evan Tsen Lee, Why California鈥檚 Second-Degree Felony-Murder Rule is Now Void for Vagueness, 43 Hastings Const. L.Q. 1, 53鈥56 (2015).鈥
Judge Gould continues his analysis of California鈥檚 second-degree felony-murder rule before ultimately holding for the Petitioner.
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