MOSBY v. SUPERIOR COURT

No. E080924.

99 Cal.App.5th 106 (2024)

MICHAEL EARL MOSBY III, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Two.

January 25, 2024.


Attorney(s) appearing for the Case

Steven L. Harmon , Public Defender, David J. Macher , Linda Gail Moore , Deputy Public Defenders; American Civil Liberties Union Capital Punishment Project, Claudia Van Wyk , Robert Ponce ; American Civil Liberties Union Foundation of Southern California and Summer Lacey for Petitioner.

Complex Appellate Litigation Group, Kirsten M. Ault, Anna-Rose Mathieson; Caitlin Glass, Asees Bhasin; and Robert S. Chang for Fred T. Korematsu Center for Law and Equality, Boston University Center for Antiracist Research; Five Additional Centers for Race, Inequality, and the Law and Nine Individual Professors and Scholars as Amici Curiae on behalf of Petitioner.

Cooley, Randall R. Lee; Reed Smith, Katelyn Kang; Robby L.R. Saldaña and Elizabeth Reinhardt for Erwin Chemerinsky, Angela P. Harris, Carol Lynn McKibben, Charles D. Weisselberg, David B. Oppenheimer, Ian F. Haney López, John A. Powell, Khiara M. Bridges, Nicholas Espíritu, Roy L. Brooks and Sam Maull as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Michael A. Hestrin , District Attorney, W. Matthew Murray and Kristen Allison , Deputy District Attorneys for Real Party in Interest.


OPINION

Petitioner Michael Earl Mosby III (Petitioner) was charged by the Riverside County District Attorney's Office (the District Attorney) with the drive-by shooting of Darryl King-Divens along with a gun enhancement that he discharged a firearm causing great bodily injury or death; and three special circumstances...

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