People v. Johnson Docket: A160025 (First Appellate District), Opinion Date: June 17, 2022. Johnson was convicted of multiple offenses...

AB 960, Ting. Status: 6/9/2022 “Set FOR Hearing ON 28-JUN-22 9:30 a.m.” Legislative Counsel’s Digest: This bill would require the...

California v. Soto Court: California Courts of Appeal, Docket: C092015 (Third Appellate District), Opinion Date: June 6, 2022. During a...

California v. Bunas Docket: D078819 (Fourth Appellate District), Opinion Date: June 14, 2022. In a previous opinion in this matter...

USA v. Richard Mathews Docket: 19-56110, Opinion Date: June 13, 2022. Defendant argued that his conviction and sentence under 18 U.S.C....

USA v. Justin Werle Docket: 20-36005, Opinion Date: June 3, 2022. Defendant sought to vacate the conviction because he pled guilty...

6/1/22—The Supreme Court today gave Governor Gavin Newsom permission to commute two sentences: James Ratliff’s 1987 sentence of life...

People v. Padilla Court: Supreme Court of California, Docket: S263375, Opinion Date: May 26, 2022. The Supreme Court held that...

People v. Garcia Docket: B306081 (Second Appellate District), Opinion Date: March 28, 2022. Defendant was convicted of second degree robbery and assault with a deadly weapon and sentenced to eight years in prison, but the execution of sentence was suspended and defendant was placed on five years of formal probation. The trial court also imposed a 10-year protective order pursuant to Penal Code section 136.2, subdivision (i)(1). The Court of Appeal concluded that the postconvi

People v. Reynoza Docket: H047594 (Sixth Appellate District), Opinion Date: February 15, 2022. Reynoza was convicted of dissuading a witness; Penal Code 136.1(b)(2) punishes any person who attempts to prevent or dissuade a witness from “[c]ausing a complaint . . . to be sought and prosecuted, and assisting in the prosecution thereof.” The witness was Cornejo. Cornejo and two other men—including Reynoza’s brother—had been arrested for misdemeanor firearm possession in Gilroy i

United States v. Hansen Docket: 17-10548, Opinion Date: February 10, 2022. Hansen operated AHA, which ran a program that purported to help undocumented immigrants become U.S. citizens through adult adoption. Hansen falsely told victims that many immigrants had become U.S. citizens through the Program. No one had achieved U.S. citizenship through the Program; it is not possible to become a U.S. citizen through adult adoption. At least 471 victims participated in the Program; e

People v. Delgado Docket: B299482 (Second Appellate District), Opinion Date: February 10, 2022. Delgado was convicted of shooting at an occupied vehicle, assault with an assault weapon, and possession of a firearm by a felon. The jury found true gang and firearm enhancements. The court had instructed the jury with CALCRIM 315 that an eyewitness’s degree of certainty can be considered when evaluating the reliability of the witness’s identification. The court of appeal affirmed

United States v. Mendoza Docket: 19-50092, Opinion Date: February 8, 2022. At age 15, Mendoza joined the Canta Ranas Organization (CRO), a Californian gang known for violent extortion and drug distribution. The government alleged that Mendoza continued as an active gang member until 2016, when he was arrested during federal law enforcement’s takedown of the CRO, citing incidents in 2013 and 2016 when police caught Mendoza with a handgun and methamphetamine and text message co

California v. Scarano Docket: C092538 (Third Appellate District), Opinion Date: February 9, 2022.Pursuant to a negotiated agreement approved by the trial court, defendant Anthony Scarano was granted five years of supervised probation after he pleaded no contest to possession of a firearm by a felon. Among the conditions of probation were a search condition, drug treatment programming, and drug testing. On appeal, defendant contended the trial court erred in denying his motion

United States v. Jackson Docket: 19-10070, Opinion Date: February 3, 2022. Jackson violently attacked his girlfriend. The entire attack lasted six-seven minutes. Jackson was convicted of assault resulting in serious bodily injury, 18 U.S.C. 113(a)(6), and kidnapping, section 1201(a)(2). The Ninth Circuit reversed the kidnapping conviction. In kidnapping prosecutions under section 1201(a)(2), courts should consider the factors set forth in precedent to evaluate whether the cha

California v. Speck Docket: C093273 (Third Appellate District), Opinion Date: February 2, 2022. A jury found defendant Richard Speck guilty of felony vehicle theft and receiving stolen property with special allegations that the Honda was valued at over $950. Defendant testified; he denied stealing the Honda and knowing it was stolen or had been reported stolen. He claimed he had permission to drive the car and did not think it was stolen because it had an ignition that requir

Jones v. Slade Docket: 20-15642, Opinion Date: January 24, 2022. The Ninth Circuit reversed the district court's grant of summary judgment in favor of prison officials in an action brought by plaintiff, alleging that the confiscation of his mail violated his rights under the Free Speech and Free Exercise Clauses of the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA). The panel concluded that genuine issues of material fact exist both as t

Many prisoners have had their sentences commuted in the last few years. And there are literally thousands of applications pending at the Governor’s office right now. If your loved one has submitted one, you’ve probably wondered why it hasn’t been reviewed, considered, or even granted when others who applied after them were granted, and have even been paroled by now. First, understand that the actual clemency application (for commutation of sentence) is only a few pages, howev

1/13/2022—Governor Gavin Newsom today announced that he has granted 24 pardons, 18 commutations and 5 reprieves. The Governor regards clemency as an important part of the criminal justice system that can incentivize accountability and rehabilitation, increase public safety by removing counterproductive barriers to successful reentry, correct unjust results in the legal system and address the health needs of incarcerated people with high medical risks. The California Constitut

Walcott v. Garland Docket: 18-70393, Opinion Date: December 22, 2021. The Ninth Circuit granted the petition for review of the BIA's...