People v. Banner
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Summary

CA court held judges do not have to consider mental health diversion and found no ineffective assistance by counsel. The court sent the case back for resentencing under a new law favoring lower terms when trauma contributed to a crime.

2022

People v. Banner

Keywords psychological trauma; mental illness; sentencing; trauma
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Summary

The court considered whether psychological trauma, including trauma resulting from mental illness, constitutes a relevant factor in sentencing decisions under Assembly Bill 124.

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Summary

A California court held that judges have no duty to raise mental health diversion on their own and rejected claims of ineffective counsel. However, it ordered resentencing under a new law that favors lower sentences when trauma contributed to the offense.

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Summary

A California court ruled that judges are not required to consider mental health diversion unless someone asks for it. The court ordered a new sentencing hearing because a new law may reduce punishment when trauma helped cause the crime.

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Summary

A California court said judges do not have to bring up mental health treatment on their own. It sent the case back for a new sentence because a new law may lower punishment when trauma played a part in the crime.

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Footnotes and Citation

Cite

People v. Banner, 77 Cal.App.5th 226 (2022), 292 Cal.Rptr.3d 574

Highlights