6DCA Oral Argument - 2026/03/10 Morning Session - Mar 10, 2026
argument6DCA Oral Argument - 2026/03/10 Morning Session
California Sixth District Court of Appeal
1h 29m
8 chapters
transcribed 9 days ago
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What is the opening procedure and case roster for the March 10 2026 6th District Court of Appeal session?
Ms. Thompson, if you can turn your camera and microphone on, we'll be getting started shortly. Thank you.
Thank you.
Thank you.
in our session.
Good morning. Please be seated. Welcome to the 6th District Court of Appeal this morning. We do have three matters on calendar and there will be a panel change among the justices between each case. So I'll be taking each case individually and inviting counsel to state their appearances and give their time estimates at that time. If you will just give us a moment to connect our laptops here on the bench where we have all the electronic briefs and records and all of our notes. So if you see us Looking there, that is what we're doing. We're consulting those. All right. I think we are ready to call our first matter then, people versus Lopez. And I see that we have counsel for the people appearing remotely and counsel for Mr. Lopez here in person.
Good morning. Good morning, Your Honor. Good morning, Your Honors. And Ms. Thompson, why don't we go ahead and have you state your appearance, confirm your time estimate, then we can just invite the appearance from Mr. Silversmith and you can go on with your argument.
Of course. So good morning and may it please the court. Deputy Attorney General Lindsay Thompson for the people and respondent. I'm assuming we're probably going to be around 10 minutes today.
Very good. Thank you. And for Mr. Lopez, good morning.
Good morning, Your Honor. May it please the Court, I'm Mark Zilversmith for Petitioner Appellant Lopez. I would suggest 15 minutes, and I'd like to reserve three for rebuttal.
All right, very good. Well, Mr. Zilversmith, then whenever you're ready, you may go ahead.
Good morning. I did receive the court's focus letter, and I'm prepared to discuss it. But I have a modest proposal, which I think will dispose of that issue. And if the court wants to interrupt me, please go ahead. I raised four distinct errors in my brief, and I think there's one essentially conceded error that requires remand, which would allow this court to defer an answer on the non-finality and return it to the trial court. The Attorney General concedes that the court did not reconsider the evidence under Reyes, which also led to the CalCrim 520 being amended to include a requirement of a high probability of death when it was evaluating the evidence at the new hearing after agreeing to reconsider based on the new evidence of youth.
Since they did not allow argument on Reyes and the new CalCrim 520 instruction, and the court did not allow the defense to present a new gang expert to address that, the court never found and never stated that there was a high probability of death, as is an element under the new CalCrim instruction. So they applied law of the case, but there's already been new evidence taken, and there's been intervening law, and so law of the case was not appropriate. And what the court did was an error of law reviewed de novo because once the court granted a new hearing on the Pittman youth considerations, the court had to grant a full hearing and they had to apply the correct instructions and here have a full evidentiary hearing based on the new evidence and the
modifications of Calcrim. And it's quite clear that the court did not do that. And if you look at the Jimenez case, which is cited in my brief, that's what the court said. We're going to remand for consideration of youth in a new hearing.
But
yeah.
I'm sorry to interrupt you
there. No, no, please.
I appreciate your presentation this morning. But the letter that we sent to you was regarding 1172 Right. And so to the extent that in the context by which it came up, it appears to have led to a stipulation or an agreement between the people and the defense, an agreement by which at least there's indication in the record that there was an acceptance by counsel that Mr. Lopez would be waiving his right to appeal. That's one issue. The other is 1172.1 wasn't mentioned in the notice of appeal. The 1172.6 issue was flagged. And so the question that we presented to you was, is that properly before us right now?
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Chapters
8 chapters
1
What is the opening procedure and case roster for the March 10 2026 6th District Court of Appeal session?
0:37–13:24
2
How does counsel for the People and Mr. Lopez present the key errors and request a remand in the People v. Lopez case?
13:24–22:45
3
Why does counsel argue that the trial court failed to apply the Reyes clarification and the new CalCrim 520 instruction?
22:45–34:33
4
What issues arise regarding the alleged waiver of appeal and the 1172.1 sentencing order?
34:33–49:04
5
How do the parties dispute whether the 1172.6 petition is properly before the appellate court?
49:04–57:45
6
What arguments are made about the sufficiency of evidence, implied‑malice theory, and harmless error?
57:45–1:07:15
7
Why does counsel request a new hearing and claim prejudice from the court’s refusal to hear a gang‑expert witness?
1:07:15–1:16:57
8
What procedural updates occur after the Lopez argument, including the panel change and the next case (Chiu v. Yen)?
1:16:57–1:29:35
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