Feb. 17, 2023 – People v. Venable (4th Dist., Div. 2, E071681)

At defendant’s jury trial for murder, the prosecution relied on a rap video in which defendant appeared in some scenes. The Court of Appeal holds that EC 352.2 (AB 2799) applies retroactively to defendant’s case, and that admission of the video without the statute’s safeguards was prejudicial. The court reasons that EC 352.2 applies retroactively because it provides “an ameliorative benefit, specifically, a trial conducted without evidence that introduces bias and prejudice into the proceedings, limitations designed to increase the likelihood of acquittals and reduce punishment for an identified class of persons.”