MANDULEY v. SUPERIOR COURT

No. S095992.

117 Cal.Rptr.2d 168 (2002)

41 P.3d 3

27 Cal.4th 537

Morgan Victor MANDULEY et al., Petitioners, v. The SUPERIOR COURT of San Diego County, Respondent. The People, Real Party in Interest. Michael Rose et al., Petitioners, v. The Superior Court of San Diego County, Respondent. The People, Real Party in Interest.

Supreme Court of California.

As Modified on Denial of Rehearing April 17, 2002.


Attorney(s) appearing for the Case

William J. LaFond; Kerry L. Steigerwalt; and Charles M. Sevilla, San Diego, for Petitioner Morgan Victor Manduley.

Haus & Damiani and Lisa J. Damiani for Petitioner Steven James DeBoer.

Patrick Q. Hall, San Diego, for Petitioner Kevin Scott Williams.

Timothy A. Chandler, Alternate Public Defender, Mary Ellen Attridge and Jose H. Varela, Deputy Alternate Public Defenders, for Petitioner Adam Mitchell Ketsdever.

Michael D. McGlinn for Petitioner Jason Wayne Beever.

Steven J. Carroll, Public Defender, Gary R. Nichols, Stewart Dadmun and Jo Pastore, Deputy Public Defenders, for Petitioner Michael Anthony Rose.

Marc B. Geller, San Diego, for Petitioner Nicholas Paul Fileccia.

Bardsley & Carlos, Francis J. Bardsley, San Diego, and Judith A. Litzenberger for Petitioner Bradley Hunter Davidofsky.

Howard, Rice, Nemerovski, Canady, Falk & Rabin, Steven L. Mayer, Kimberly A. Proctor, San Francisco, Erick M. Silber; Robert Kim, Margaret C. Crosby; Mark D. Rosenbaum, Los Angeles; Jordan C. Budd for American Civil Liberties Union of Northern California, America Civil Liberties Union of Southern California, American Civil Liberties Union of San Diego and Imperial Counties, League of Women Voters of California, California Teachers Association, Children's Advocacy Institute, Coleman Advocates for Children and Youth and Pacific Juvenile Defender Center as Amici Curiae on behalf of Petitioners.

John T. Philipsborn, San Francisco, for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Petitioners.

James F. Sweeney, Sacramento, for California Catholic Conference as Amicus Curiae on behalf of Petitioners.

Munger, Tolles & Olson, Jeffrey L. Bleich, San Francisco, Deborah N. Pearlstein; Lawyers Committee for Civil Rights of the San Francisco Bay Area, Robert Rubin and Rebekah B. Evenson for The Center on Juvenile and Criminal Justice, The National Center for Youth Law, Legal Services for Children, The National Association of Counsel for Children, The American Society for Adolescent Psychiatry, The American Academy of Child and Adolescent Psychiatry, The Center for Young Women's Development, The Trauma Foundation, The Asian Law Caucus, The Ella Baker Center for Human Rights and Children Now as Amici Curiae on behalf of Petitioners.

Elissa Barrett; Rohde & Victoroff and Stephen F. Rohde, Los Angeles, for Progressive Jewish Alliance as Amicus Curiae on behalf of Petitioners.

Earl Warren Legal Institute and Franklin E. Zimring for Law Professors and Juvenile Justice Specialists Elizabeth Cauffman, Laurence Steinberg, Dean Hill Rivkin, Jeffrey Fagan, Darrell F. Hawkins, Peter Edelman, Jan C. Costello, Mercer Sullivan, Elizabeth Scott and William Patton as Amici Curiae on behalf of Petitioners.

Akin, Gump, Strauss, Hauer & Feld, William A. Norris, Edward P. Lazarus, Los Angeles, and Jonathan Gottlieb for Los Angeles County Bar Association, Beverly Hills Bar Association, Culver Marina Bar Association, Bar Association of San Francisco, Women Lawyers Association of Los Angeles, Criminal Courts Bar Association, Mexican American Bar Association and Los Angeles Chapter of the National Association of Counsel for Children as Amici Curiae on behalf of Petitioners.

Carla J. Johnson, Beverly Hills; Daniel M. McGuire and Debra A. Gutierrez McGuire for Criminal Defense Attorneys of Michigan as Amicus Curiae on behalf of Petitioners.

Mark I. Soler, Michael Finley; Laval Miller Wilson and Marsha Levick for Youth Law Center, Juvenile Law Center, Children's Defense Fund, Child Welfare League of America, National Council of La Raza, National Mental Health Association, National Urban League and The Sentencing Project as Amici Curiae on behalf of Petitioners.

Ron Boyer, Deputy Public Defender (Contra Costa) for California Public Defenders Association as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Paul J. Pfingst, District Attorney, Thomas F. McArdle, Hector M. Jiminez and Anthony Lovett, Deputy District Attorneys, for Real Party in Interest.

Kent S. Scheidegger and Charles L. Hobson for Criminal Justice Legal Foundation as Amicus Curiae on behalf of Real Party in Interest.

Gary T. Yancey, District Attorney (Contra Costa) and L. Douglas Pipes, Deputy District Attorney, for California District Attorneys Association as Amicus Curiae on behalf of Real Party in Interest.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Laura Whitcomb Halgren, Raquel M. Gonzalez and Patti W. Ranger, Deputy Attorneys General, as Amici Curiae.


GEORGE, C.J.

Proposition 21, titled the Gang Violence and Juvenile Crime Prevention Act of 1998 and approved by the voters at the March 7, 2000, Primary Election (Proposition 21), made a number of changes to laws applicable to minors accused of committing criminal offenses. As relevant here, the initiative measure broadened the circumstances in which prosecutors are authorized to file charges against minors 14 years of age and older in the criminal division of the...

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