California Supreme Court Ruling: People v. Howard (January 27, 2005) 34 Cal.4th 1129
The California Supreme Court recently held violation of Vehicle Code section 2800.2 [driving with a willful or wanton disregard for the safety of persons or property while fleeing from a pursuing police officer] is not inherently dangerous for purposes of second degree felony murder. This decision should of course be brought up where applicable in any active case. Because it affects the definition of the offense, it also should be fully retroactive, at least to crimes committed after the 1998 amendment to section 2800.2 that added subdivision (b).

ADI and FDAP are collaborating to create resources for counsel with cases potentially affected by the recent ruling. As those resources are perfected, they will be made available below.

There are potential complications in pursuing relief in post-appeal cases, including choice of the proper remedy and forum. Some decisions may depend on whether the issue was raised earlier in the Court of Appeal. Please consult ADI staff attorney Neil Auwarter (619-696-0284, ext. 27, nfa@adi-sandiego.com) if you have a post-appeal Howard case. "

• News Alert From Elaine A. Alexander Microsoft Word Document Format
• Motion to Recall The Remittitur - Microsoft Word Document Format
• Sample Brief discussing Howard - Microsoft Word Document Format