Today, Justice Goodwin Liu issued a concurring opinion in a Denial of a Petition for Review.

It is definitely worth reading.

He is again writing for a very specific audience of 121 people.

https://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=2333770&doc_no=S265597&request_token=NiIwLSEmTkw%2BW1AtSSFdVElJUFw0UDxTJSNOUzNSQCAgCg%3D%3D

First, the facts of the case.

It's tragic. It's stupid. It was a robbery for football equipment that ended in Giovanny, the defendant, stabbing and killing a 15 year old boy.

As punishment, Giovanny was sentenced to Life Without the Possibility of Parole.

Giovanny presented arguments about his youth and the "Miller" factors -- the USSC case saying that those under 18 shouldn't be sentenced to LWOP.

The LA District Attorney's office, Jackie Lacey, argued to the judge that this child met the standard for "incurable depravity."

The sentencing judge agreed with Jackie Lacey's DA.

The casual cruelty of the judge as he's sentencing an 18 year old to death by incarceration is not unusual.

It is, however, remarkable.

His conviction was affirmed.

However, Justice Segal wrote a concurrence: those who were under 25 at time of crime who got LWOP in CA should ALSO get the benefit of a parole hearing after 25 years.

Giovanny then petitioned the CA SC for review.

He was denied today. However, Justice Liu takes up Justice Segal's call.

Liu says there's a "colorable claim" but says Legislature, do something.

Let those who committed the crime when they were under 25 get a parole hearing.

As an aside, Justice Liu gets work done in his opinions. He asked the Legislature to do something about the natural and probable consequences doctrine in a dissent from a Petition from Review in 2015 or thereabouts.

The Legislature responded by abolishing it.

So, as Justice Liu's name is being talked about for CA AG, a few things.

First, I disagree with him here.

I think the exclusion does violate equal protection. I think LWOP is cruel or unusual punishment and an analysis can readily be done to show both.

Second, the political skills on display are impressive.

He knows who his audience is. He knows lawyers and advocates are going to take this and go to the Capitol. He (and Justice Segal) have just handed to the Legislature the tools they need to expand parole for 1000s of people.

He doesn't even have to dissent.

He just has to speak with compassion and clarity and point everyone in the right direction.

CC: @ellabakercenter, @AntiRecidivism, @c_c_w_p, @ACLU_CalAction, @endfelonymurder, @FUEL_EndLWOP, @CURBprisons

As of 6/2019, there are 6,817 Third Strikers in CA prisons. There are an additional 5,079 people serving Life Without the Possibility of Parole.

These people are currently excluded from getting an "early" parole hearing (after 25 years in prison.) https://www.cdcr.ca.gov/research/offender-outcomes-characteristics/offender-data-points/

Assuming they committed the crime under the age of 26 (vast majority, not all), these 11,896 people (over 10% of current prison population) could get some measure of relief if the Legislature listens to Justice Liu.

If not, they will likely die in prison.