O.G. v. SUPERIOR COURT

No. S259011.

11 Cal.5th 82 (2021)

481 P.3d 648

O.G., a Minor, etc., Petitioner, v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

February 25, 2021.


Attorney(s) appearing for the Case

Jennifer Hansen and Willard P. Wiksell , under appointments by the Supreme Court, for Petitioner.

Susan L. Burrell , L. Richard Braucher , Cyn Yamashiro and Marketa Sims for Pacific Juvenile Defender Center and Independent Juvenile Defender Program Los Angeles County Bar as Amici Curiae on behalf of Petitioner.

Michael C. McMahon for California Public Defenders Association and Todd W. Howeth, Public Defender (Ventura), as Amici Curiae on behalf of Petitioner.

Munger, Tolles & Olson, William D. Temko and Sara A. McDermott for Human Rights Watch, Anti-Recidivism Coalition and W. Haywood Burns Institute as Amici Curiae on behalf of Petitioner.

Xavier Becerra , Attorney General, Gerald A. Engler , Chief Assistant Attorney General, Thomas S. Patterson , Assistant Attorney General, Joshua A. Klein , Deputy State Solicitor General, Anthony R. Hakl , Tamar Pachter and Nelson R. Richards , Deputy Attorneys General, for Attorney General as Amicus Curiae on behalf of Petitioner.

Rebecca P. Jones ; Bryan A. Stevenson and Alicia A. D'Addario for The Equal Justice Initiative as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Jeff Rubin , District Attorney (Santa Clara), for California District Attorneys Association as Amicus Curiae on behalf of Respondent and Real Party in Interest.

Gregory D. Totten , District Attorney, Michael D. Schwartz , Chief Assistant District Attorney, Tate McCallister and Michelle Contois , Deputy District Attorneys, for Real Party in Interest.

Keiter Appellate Law and Mitchell Keiter for Amicus Populi as Amicus Curiae on behalf of Real Party in Interest.

Kent S. Scheidegger and Kymberlee C. Stapleton for Criminal Justice Legal Foundation as Amicus Curiae on behalf of Real Party in Interest.


OPINION

Proposition 57, passed in the November 2016 general election (Proposition 57), requires prosecutors to commence all cases involving a minor in juvenile court. "Proposition 57 is an `ameliorative change[] to the criminal law'" that "the legislative body intended `to extend as broadly as possible.'" (People...

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