Justice Evans’s first opinion is a dissent from an early time limitation on mental health diversions
In People v. Braden, a 5-2 Supreme Court holds that, under a statute allowing a superior court to “grant pretrial diversion” for treatment (leading to possible later dismissal of charges) to defendants accused of certain crimes and diagnosed with certain mental disorders (Penal Code section 1001.36), a defendant must request the diversion “before attachment of jeopardy at trial or the entry of a guilty or no contest plea, whichever occurs first.” It’s yet another case where the court needs to interpret messily drafted legislation.
