Excellent summary of the California Supreme Court cases on the RJA. Highly recommend.

"A third-striker sentenced to 79 years to life ... has been granted a new trial because an Anaheim police detective showed racial bias on the witness stand... ruling that the detective’s testimony — that “pimps are generally Black” — violated the state’s Racial Justice Act."

I've got some thoughts about the California Supreme Court's recent rulings on the Racial Justice Act (RJA). First up, I discuss People v. Bankston (first of four CA Supreme Court cases) californiarja.wordpress.com/2026/06/03/p...

The RJA is itself clear on not comparing defendants to animals. But the CA Supreme Court has judicially constructed it otherwise. Lots to unpack today.

Just a terrible idea, and the antithesis of justice: "... a judge inside the Los Angeles Superior Court .... told CalMatters that colleagues at a recent luncheon had discussed using [AI program] Learned Hand to help evaluate petitions filed under California's Racial Justice Act."

Discovery granted in Fresno County. "Judge Alvin M. Harrell III sided with attorneys for Douglas “Chief” Ray Stankewitz when he found the defense met its burden ... which may include demographic information on cases in which the Fresno County DA charged defendants with murder going back to 1972."

New Post: Causal Inference from Racial Disparity in Statistical Data

Admissibility of Rap Lyrics and RJA Claims of Racial Bias People v. Taylor offers one of the most detailed appellate discussions to date on how trial courts should handle the intersection of racially coded evidence—specifically rap lyrics—and RJA claims alleging racial bias in criminal proceedings.

🔎Bottom line from People v. Guerrero & Navarro (2025): The RJA won’t rescue claims that are: • Procedurally unpreserved • Factually underdeveloped • Untethered to race-based causation Preserve. Document. Substantiate. Deep dive now live on the CA RJA Resource Hub ⬇️ #CaliforniaRacialJusticeAct

📚 Guerrero & Navarro joins Lashon, Singh, Quintero & Wagstaff: ➡️ RJA claims not raised at trial are forfeited. ➡️ Allegations of bias require concrete proof — not inference. See how the court applied §745(a)(1)-(2) in undercover contexts. Full write-up → CA RJA Resource Hub #PC745 #RJA #CrimLaw

🧠 RJA Lesson: The statute is only as strong as the record you build. In Guerrero & Navarro, the defense lost because: ❌ No trial-level RJA objection ❌ No evidence of racial animus or disparity ❌ Theory untethered to §745 standards Strategic takeaways on the CA RJA Resource Hub ⬇️ #CaliforniaRJA

⚖️ New on the CA RJA Resource Hub: People v. Guerrero & Navarro (Unpub. 2025) clarifies: • RJA forfeiture remains a hard bar on appeal • “Same-race” undercover tactics alone don’t show bias • Racialized slang must show animus or discriminatory impact A must-read for trial lawyers below 👇 #RJA

📌 RJA Practice Tip from People v. Guerrero & Navarro (2025): Even post-AB 256, courts still strictly enforce: ✅ Timely RJA objections ✅ Factual record tying bias to race ❌ Novel theories without evidentiary support Preserve early. Build the record. Full case analysis → CA RJA Resource Hub #RJA

Undercover Ops + RJA 🕵️‍♂️Can undercover tactics violate the RJA? Guerrero & Navarro holds: • Using Hispanic undercover officers ≠ racial bias (without proof) • Casual gang slang (“n-word”) alone ≠ §745 violation • Unpreserved RJA claims = forfeiture Context + litigation lessons on the CA RJA Hub👇

🚨 New RJA Case Drop: People v. Guerrero & Navarro (2d Dist. 2025) Court rejects RJA claim as: ❌ Forfeited (not raised at trial) ❌ Substantively unsupported Key takeaway: If you don’t preserve the RJA objection on the record, you likely lose it on appeal. Full breakdown + practice tips ⬇️ #CARJA

🧰 Practice takeaway: The Stanford–NAACP filings show how data-driven RJA petitions can expose sentencing disparities across counties. 📈 Use jurisdictional data. 📑 Anchor claims to § 745(b). Read more below ⬇️ Stay informed on all RJA developments with the CA RJA Resource Hub (link in bio) #RJA

“The goal of the Racial Justice Act is to root out racism in all its forms — including systemic racism.” – Prof. Jody Armour, USC 18 new filings may finally push California courts to apply that promise to sentencing Read below ⬇️ and stay updated at the CA RJA Resource Hub (link in bio) #RJA #PC745

People v. Phillips Key takeaways for practitioners: ✅ No appealability for post-judgment RJA discovery ✅ Strict jurisdictional enforcement (Montgomery / Serrano) ✅ Good cause under §745(d) still requires race + case-specific linkage ✅ AB 1071 will shift discovery timing — but not appeal rights

One petitioner, John Crawford, is serving 45 years to life for attempted second-degree robbery. His RJA filing argues Black defendants in L.A. County face sentences 36% longer than similarly charged white defendants. Read more ⬇️ #RJA #SentencingDisparities #CaliforniaRacialJusticeAct #PC745

💡 Five years after the #RacialJusticeAct was passed, not one California judge has yet found disparate sentencing under PC 745(a)(4). Now 18 new petitions aim to test the statute’s reach — and its promise to correct systemic bias. Read more below ⬇️ #CARJA #CAcourts #JusticeReform #PC745 #RIA

⚖️ Attorneys from Stanford Law’s Three Strikes Project & @NAACP_LDF filed 18 RJA petitions alleging racial disparities in CA sentencing. In L.A. County, Black defendants are 13x more likely than white defendants to receive life sentences for attempted robbery. Full story ⬇️ #RJA #CARJA #EqualJustice

18 California inmates seek resentencing under the Racial Justice Act For the first time, petitions filed across 5 counties allege gross racial disparities in sentencing under Three Strikes. No CA judge has yet granted relief under the RJA sentencing provisions — this filing could change that. #RJA

🔎☝️Systemic Perspective “The race-blind charging study showed no difference,” says the DA. Yet the ACLU’s data reveal deep disparities in who faces felony charges. The fight over access to records will shape how California enforces its #RacialJusticeAct. Full story below ⬇️ #CARJA #CAcourts #PC745

🧾 The ACLU suit frames data transparency as essential to enforcing Penal Code § 745. ‼️ By denying disclosure, the complaint argues, the DA “weakens the public’s ability to monitor prosecutorial practices.” ⬇️ Full story below ⬇️ #CARJA #RJA #PublicRecords #PC745 #CaliforniaRacialJusticeAct #AB256

Prosecutorial Discretion ⚖️ Who decides what counts as “fair”? The ACLU says Santa Clara DA’s secrecy blocks public oversight of racial bias in charging. The DA counters: disparities stem from systemic inequities, not prosecution. #RJA #CAjustice #CaliforniaRacialJusticeAct Full analysis below ⬇️

‼️Data Disparities 📊According to the ACLU complaint: • Latino residents = 25 % of county pop. → 53 % of felony prosecutions • Black residents = 2 % → 13 % of felony prosecutions ⚖️The lawsuit seeks full disclosure to assess whether these gaps violate the #RJA. Full details below ⬇️ #CARJA #Equity

🕵️‍♀️ The #ACLU lawsuit against Santa Clara DA Jeff Rosen tests a core principle of the #RacialJusticeAct: public access to prosecutorial data. Without transparency, “the law is just words on paper.” – Abdi Soltani Read more linked below ⬇️ #CARJA #OpenData #CAcourts #PC745 #AB256 #Transparency #Equity

People v. Taylor offers one of the most detailed appellate discussions to date on how trial courts should handle the intersection of racially coded evidence—specifically 🎤 rap lyrics—and RJA claims alleging racial bias in criminal proceedings. 🤓 Read all about this case at the CA RJA Resource Hub!

⚖️ ACLU v. Santa Clara DA The ACLU of Northern CA has sued DA Jeff Rosen for allegedly withholding records that could expose racial disparities in felony charging. The suit argues Rosen’s refusal “subverts the Racial Justice Act’s purpose.” Full write-up below ⬇️ #CARJA #RJA #Transparency #AB256

📰 “The Racial Justice Act is a step forward — but not systemic change.” Race Forward’s Alex Frank argues that California’s #RJA addresses individual bias but leaves structural inequities untouched. Full article ⬇️ #CARJA #RacialJustice #CaliforniaRacialJusticeAct #AB2542 #AB256

Why We Needed the RJA In McCleskey v. Kemp (1987), SCOTUS ruled that statistical proof of racial disparities was not enough. You had to show intentional discrimination. That decision shut the courthouse doors for decades. The RJA rejects and changes this impossible standard. #CaliforniaRJA #RJA

Racial Justice Act: A Movement in California and Beyond The CA Racial Justice Act (RJA) represents a significant effort to dismantle systemic racism in our courts. However, it is also part of a global human rights demand: equal justice, without discrimination. Let us break it down👇 #CaliforniaRJA

📌 Practice Tips for RJA Litigators ✅ Challenge racialized use of music/creative works under § 745(a) ✅ Highlight prosecutorial framing in closing arguments ✅ Build appellate records challenging bias, even in older cases More info & full text ⬇️ #CARJA #RacialJusticeAct #RJA #PC745 #SystemicBias

🗣️ Chavez: “I was attacked for where I grew up. The justice system is not fair. I would not have been here if it were.” He continues advocating for RJA enforcement in Santa Clara County. Stay updated at CA RJA Hub (link in account bio) Full Text ⬇️ #CARJA #RacialJusticeAct #PC745 #SystemicBias

🕊️ Chavez was released July 23, 2025. He met his daughter for the first time. He is now advocating for reforms and credit organizing by Silicon Valley De-Bug and support from grassroots communities. More info & full text ⬇️ #CARJA #RacialJusticeAct #RJA #PC745 #SystemicBias #CaliforniaRJA

Cultural Context ≠ Criminal Guilt New laws (Evidence Code § 352.1) now limit the use of creative expression in criminal cases. However, Chavez’s case highlights the legacy harm of such tactics before reforms were implemented. More info & full text ⬇️ #CARJA #RacialJusticeAct #PC745 #SystemicBias

📢 Defense Raised RJA Themes Chavez’s team argued the prosecution weaponized racialized tropes—precisely what the CA Racial Justice Act (2020) seeks to prevent. This case echoes § 745(a)(1) and (a)(2) principles: conviction influenced in part by race-based inference. More info & full text ⬇️ #RJA

🧑🏽‍💼 Public Defender Damon Silver: “Labels like ‘gangs’ tap into deep fears & histories. They risk injustice.” He commended the DA’s choice to dismiss the charges rather than retry. More info & full text: sanjosespotlight.com/santa-clara-... #RacialJusticeAct #RJA #PC745 #SystemicBias #CaRJA #CARJA

🧑🏽‍⚖️ Appellate Court Ruling The 6th District ruled the conviction prejudicial: “It is reasonably probable the outcome… would have been more favorable to Chavez in the absence of the error.” More info & full text below and at the CA RJA Hub (Link in Bio) #RacialJusticeAct #RJA #PC745 #SystemicBias

🎤 Rap Lyrics as Evidence The DA’s Office relied on a 2004 gang-themed rap Chavez helped record, but did not write or perform. Lyrics were used in closing arguments to paint him as a gang member—even though the offenses occurred years later. More info & full text below ⬇️ #RJA #PC745 #SystemicBias

📍Case Overview Chavez spent 13 years in prison after being convicted of gang-related crimes in a case the DA retried multiple times. However, in 2024, the 6th DCA reversed its decision, finding that the “extremely inflammatory” use of lyrics had biased the jury. #RJA #PC745 #SystemicBias #CARJA

Santa Clara County Conviction Overturned Over Use of Rap Lyrics & Racial Bias Concerns Hugo Chavez, sentenced to 105 years, is now free. A CA appellate court reversed his conviction—citing prosecutorial prejudice and racialized use of rap lyrics. More info & full text ⬇️ #RJA #PC745 #SystemicBias

📌 Practice Note for RJA Litigators This case highlights: ✅ Importance of cultural stereotyping claims under § 745(a)(1) & (2) ✅ Juror exclusion scrutiny ✅ Potential RJA retroactivity in capital habeas contexts More info & full text ⬇️ #DueProcess #DeathRow #RacialJusticeAct #DeathPenalty #PC745

Defense Rebuttal Stankewitz’s team pushes back: ➡️ RJA was designed precisely to revisit these injustices ➡️ Cultural context ≠ license to stereotype ➡️ RJA does not require race to be the sole factor More info & full text below #DueProcess #DeathRow #RacialJusticeAct #CARJA #DeathPenalty #PC745

⚖️ Prosecutorial Reply Fresno County DA’s office opposes the RJA motion: 🔹 Argues no evidence of bias 🔹 Claims defense “opened the door” to cultural testimony 🔹 Asserts motion is untimely More info & full text below Visit the CA RJA Hub in bio #DeathRow #RacialJusticeAct #RJA #DeathPenalty #PC745

🚨 Batson/Wheeler Claim Stankewitz’s team challenges the removal of the only Native juror, arguing it was racially motivated. Prosecutors say she knew his family—a neutral reason for her association. Defense: The strike still raises serious constitutional concerns. More info & full text ⬇️ #CARJA

“The prosecution elicited racially charged testimony… and urged jurors to impose death because of Mr. Stankewitz’s background,” the motion states. Prosecutors linked cultural identity with future dangerousness. More info below ⬇️ #RJA #EqualProtection #SystemicRacism #CARJA #DeathPenalty #PC745

Case Background Stankewitz, of Native American heritage, was sentenced to death after a 1978 Fresno County trial. In his recent § 745 motion, he alleges the prosecution relied on racial stereotypes and removed the only Native juror. #DeathRow #RJA #CARJA #DeathPenalty #PC745 More info & full text⬇️

California’s Longest-Serving Death Row Prisoner Brings RJA Challenge Douglas “Chief” Stankewitz, incarcerated since 1978, has filed for relief under California’s Racial Justice Act—arguing that racial bias shaped his capital conviction and sentence. #RacialJusticeAct #CARJA #DeathPenalty #PC745

Bottom Line: CJEO 2025-028 does not force former DAs off every RJA case—but it affirms the right to transparency and fairness. It is a tool for both litigators and judges to navigate complex procedural and ethical issues under California’s Racial Justice Act. More info & full text ⬇️ #CaliforniaRJA