Last month’s Supreme Court decision that struck down California’s sentencing law has emboldened two East Bay, Calif., defense attorneys to try to invalidate something else: the state’s death penalty statute.

“Like the [determinate sentencing law], the death penalty law has tiers, and one must overcome evidentiary obstacles in order to reach the tier of death,” attorneys Daniel Horowitz and James Giller argue in a petition for writ of mandate filed Monday in the 1st District Court of Appeal.

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