People v. Kahn CA3
C101308M
Cal. Ct. App.Jul 1, 2025Background
- Mustaq Ali Kahn was convicted of first degree murder and robbery, with a special circumstance finding (robbery-murder), and sentenced to life without parole (LWOP).
- The conviction arose from the 1996 killing of Kahn's roommate, found by police at their apartment, with evidence pointing to Kahn's possession of the victim’s car and credit cards.
- Kahn filed a postconviction motion seeking a Franklin hearing to preserve evidence relevant to youth offender parole, arguing his LWOP sentence for offenses committed at age 24 violated equal protection under recent precedent.
- The trial court denied Kahn’s motion, relying on the California Supreme Court's decision in Hardin II, which upheld the statutory exclusion of youth LWOP offenders from youth offender parole hearings.
- After the denial, the First District issued Briscoe, finding unconstitutional the disparate treatment between felony-murder special circumstance accomplices and similarly situated offenders eligible for youth parole.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Kahn categorically ineligible for a Franklin hearing post-Hardin II? | Hardin II bars relief for all special circumstance LWOP cases. | Briscoe distinguishes accomplices from actual killers, allowing as-applied challenges. | Remand required; eligibility must be determined in trial court. |
| Can facts from prior opinions or the probation report be used to determine eligibility? | Probation report/prior appellate opinion prove Kahn was sole perpetrator. | Probation report is insufficient; eligibility should be determined at evidentiary hearing. | Eligibility cannot be denied solely on the basis of probation report; evidentiary hearing needed. |
| Does equal protection require relief for non-actual killers convicted under § 190.2(d)? | Distinctions in culpability justify different treatment. | Briscoe establishes equal protection violation for non-actual killers under § 190.2(d). | Equal protection challenge requires factual determination on participation and intent. |
| Should the trial court have granted judicial notice of prior unpublished appellate opinion? | Sought to use prior opinion as record of conviction. | N/A | Judicial notice of prior opinion granted. |
Key Cases Cited
- People v. Hardin, 15 Cal.5th 834 (Cal. 2024) (upheld statutory exclusion of youth offenders sentenced to LWOP from parole eligibility)
- People v. Strong, 13 Cal.5th 698 (Cal. 2022) (described standards for special circumstance liability in felony-murder)
- People v. Banks, 61 Cal.4th 788 (Cal. 2015) (clarified major participant liability in felony-murder special circumstance)
- People v. Clark, 63 Cal.4th 522 (Cal. 2016) (defined reckless indifference to human life in felony-murder)
- In re Cook, 7 Cal.5th 439 (Cal. 2019) (explained purpose and procedure for Franklin hearings)