A divided California Supreme Court held yesterday, in a 4-3 decision, that, for all non-final judgments, whether a prior conviction for a gang-related offense will qualify as a “strike” depends on current statutory definitions enacted in 2022 to narrow what counts as a criminal street enterprise and related activities.

(Subscription required) In a rare 4-3 split, the state Supreme Court ruled that prior convictions must qualify as serious felonies under current law to enhance sentences under the Three Strikes Law. Chief Justice Patricia Guerrero dissented, warning the decision undermines voter intent and wipes out longer terms for repeat offenders.

(Subscription required) "Commissioner Thomas is an exceptional and intelligent bench officer," [Matthew A. Breddan} wrote. "We are lucky to have her in family law. She reads everything, knows the law and manages her calendar with efficiency. She does not tolerate gamesmanship and takes a child-focused approach to all cases (in which there are children at issue.)"

The defendant in an action seeking an order for her to stay away from her former boyfriend was wrongfully denied the opportunity to testify even though her lawyer said after the plaintiff testified that he had no witnesses to present, Div. One of the Court of Appeal for this district held yesterday.