Apr. 12, 2023 – Statement Concurring With Order Denying Review – People v. Powell (S278631, C094553)

In a PC 1172.6 case where the trial court found that appellant acted with reckless indifference based in part on the notion that she was aware of her cohort’s propensity for violence because he regularly physically abused her, Justices Groban and Evans, both joined by Justice Liu, issue separate statements concurring with the order denying review. Justice Evans writes, “I disagree that intimate partner violence evidence should be used to show that a victim of [such] violence knew of their cohort’s propensity to use lethal violence based on their personal experience of being abused.”