California Courts of Appeal,
California Supreme Court,
Criminal,
Judges and Judiciary,
U.S. Supreme Court
Nov. 9, 2016
Filling a void in the law
California courts are confronting an issue relatively new to the criminal law: When the Legislature or voters reduce the terms of imprisonment for some people already convicted and sentenced, what rules are the courts to use?
2nd Appellate District, Division 2
Brian M. Hoffstadt
Associate Justice
California Court of Appeal
UCLA School of Law, 1995
Argentine poet Antonio Porchia wrote, "We become aware of the void as we fill it." Judges fill voids in the tapestry of the law all the time, but rarely have occasion to step back and ponder different approaches to doing so.
The California courts have a unique opportunity to do so right now, as they are repeatedly confronting an issue relatively new to the criminal law: When the Legislature or voters reduce the terms of imprisonment for some people already convicted and sent...
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