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Vacated: Threat of Self-Harm Does Not Constitute Harm to 3rd Person
People v. Johnson Docket: A160025 (First Appellate District), Opinion Date: June 17, 2022. Johnson was convicted of multiple offenses...

Nick Woodall
Jun 19, 20222 min read


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

Nick Woodall
Jun 15, 20222 min read


Resentencing Ordered for Mental Health Diversion Case
California v. Bunas Docket: D078819 (Fourth Appellate District), Opinion Date: June 14, 2022. In a previous opinion in this matter...

Nick Woodall
Jun 15, 20221 min read


California Supreme Court Approves 2 More Commutations
6/1/22—The Supreme Court today gave Governor Gavin Newsom permission to commute two sentences: James Ratliff’s 1987 sentence of life...

Nick Woodall
Jun 2, 20221 min read


REMAND In Light of SB 567 & AB 124
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

Nick Woodall
Mar 29, 20221 min read


Manslaughter Conviction Reversed: Conviction Under Wrong Statute
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

Nick Woodall
Feb 16, 20221 min read


9th Circuit Court Vacates Convictions for Encouraging Aliens
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

Nick Woodall
Feb 12, 20222 min read


9th Circuit Court: Insufficient Evidence to Support Firearm Conviction
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

Nick Woodall
Feb 10, 20222 min read


Kidnapping Conviction Reversed by Ninth Circuit Court
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

Nick Woodall
Feb 4, 20221 min read


Clemency Applications Do’s & Don’ts!
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

Nick Woodall
Jan 15, 20223 min read


Governor Newsom Grants More Commutations!
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

Nick Woodall
Jan 15, 20222 min read


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

Nick Woodall
Dec 23, 20211 min read
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