March 19, 2017

Two votes for review in case involving mom’s murder of children

In People v. McCarrick, the First District, Division Four, Court of Appeal affirmed the life-without-parole judgment against a mom who murdered her twin three-year-old daughters with a sword.  The appeal concerned jury instructions given during the sanity phase of the trial.

Last week, the Supreme Court denied the defendant’s petition for review.  Justices Kathryn Werdegar and Mariano-Florentino Cuéllar recorded votes to grant review, however.

Record votes are worth noting, because dissents from denials of review are not always known outside the court; a justice must affirmatively request that his or her dissent be publicly recorded.  (Separate statements that explain those dissents are especially rare.)   That’s why our weekly conference reports keep track of record votes in civil cases.

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