Jul. 28, 2023 – Carpenter v. Superior Court (4th Dist., Div. 1, D081640)

The Court of Appeal affirms the denial of defendant’s PC 995 motion, finding the prosecution presented enough evidence to charge defendant with implied malice murder where defendant’s infant died soon after birth. Defendant argued her prosecution was prohibited by newly enacted HSC 123462 and HSC 123467 (AB 2223). The court concludes the statutes do not prohibit prosecution for “post-birth acts or omissions” that may lead to a newborn child’s death, only for in utero acts. The court also holds that “prebirth evidence” may be used by the prosecution “to demonstrate the necessary mens rea.”