Aug. 8, 2022 – People v. Strong (Supreme Ct., S266606)

The Supreme Court holds that a felony-murder special-circumstance finding under PC 190.2(d) made before Banks and Clark does not preclude a prima facie showing under PC 1172.6 (former PC 1170.95). The court explains that collateral estoppel is inapplicable because “Banks and Clark represent the sort of significant change that has traditionally been thought to warrant reexamination of an earlier-litigated issue.” The court clarifies that its holding applies even where the trial evidence would have been sufficient to support the finding under Banks and Clark.