The two cases were among four appeals ruled upon by the court this week that focused on the Racial Justice Act, a first-in-the-nation state law that took effect in 2021 and invalidated criminal convictions or sentences in which any participant — lawyers for either side, the judge, jurors or an expert witness — showed racial bias or used discriminatory language, even unintentionally.

The state’s highest court found that Samreth Sam Pan’s attorney “made the strategic choice to concede Pan’s guilt of second-degree murder in an effort to avoid the death penalty,” despite “Pan’s express wish to maintain his innocence.”The panel noted that the defense attorney “deprived Pan of his right to choose the fundamental objective of his defense,” finding that his conviction must be reversed and that the case has to be sent back to a courtroom in Los Angeles County.

In a 107-page opinion, Associate Justice Leondra Kruger wrote on behalf of the panel's majority that the jury was presented with evidence that the defendant "committed multiple acts of abuse and mistreatment spanning weeks — if not months — before the fatal blows that ultimately killed both children."

The state high court decided on May 28 that California Code of Civil Procedure section 170.6—the judicial disqualification process for judges believed to be prejudiced against a party—violates the separation of powers and can be challenged.