Mario Ayala Alfaro v. California
1. Whether punishing a common-law infant in violation of a substantive rule of criminal procedure when devoid of the requisite knowledge and guilty mens rea required by the statute renders the conviction void in violation of the Eighth Amendment as held in Montgomery v. Louisiana, 577 U.S. 190, 206 (2016).
2. Whether the denial of the defense of mistake of fact in violation of procedural due process guaranteed by the Fourteenth Amendment as held in Montana v. Egelhoff 518 U.S. 37, 56 (1996) and Kohler v. Kansas, 140 S. Ct. 1021, 1027 (2020) afforded to all as codified in Penal Code §§ 26, 1019, 1020 renders a judgment void because of the jurisdictional defect resulting from the denial of the Sixth Amendment rights of trial by jury, confrontation, obtaining favorable witnesses, and assistance of counsel.
Whether punishing a common-law infant without requisite knowledge and mens rea violates the Eighth Amendment and due process rights when the defendant was charged with a statutory offense