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Court Orders Resentencing per PC 1170
California v. Zabelle Docket: C093173 (Third Appellate District), Opinion Date: July 11, 2022. A jury found defendant Anthony Zabelle...

Nick Woodall
Jul 12, 20221 min read
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SB 300 UPDATE
SB 300, Cortese and Durazo. Status: 6/30/2022, has been Set FOR Hearing ON 03-AUG-22 9 a.m. Legislative Counsel’s Digest: 1)Existing law...

Nick Woodall
Jul 1, 20222 min read
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New Hearing Ordered for Mental Health Diversion
California v. Qualkinbush Docket: D078778 (Fourth Appellate District), Opinion Date: June 14, 2022. Defendant-appellant Cristina...

Nick Woodall
Jun 15, 20222 min read
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SB 1178 UPDATE
SB 1178, Bradford. Status: On 02-JUN-22 the following history action was applied: "Referred to Com. on PUB. S." Legislative Counsel’s...

Nick Woodall
Jun 4, 20221 min read
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SB 1106 Update
SB 1106, Wiener. Status: 6/1/2022, From committee: Do pass. (Ayes 5. Noes 2.) (June 1). Legislative Counsel’s Digest: Existing law...

Nick Woodall
Jun 2, 20222 min read
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Remanded for New Gang Enhancement Standards Under AB 333
People v. Ramirez Court: California Courts of Appeal, Docket: H047847 (Sixth Appellate District), Opinion Date: May 25, 2022. Ramirez was...

Nick Woodall
May 27, 20222 min read
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Illegal Entry Conviction Reversed
USA V. LUCIO MEDINA-SUAREZ Docket: 20-50294, Opinion Date: April 1, 2022. Defendant was convicted of attempted illegal entry under 8 U.S.C. Sec. 1325(a). On appeal to the Ninth Circuit, Defendant claimed the district court erred in denying his request for a jury instruction on the lesser-included offense of misdemeanor attempted illegal entry. The Ninth Circuit reversed Defendant’s conviction. Under United States v. Arnt , 474 F.3d 1159 (9th Cir. 2007) A defendant is entitled

Nick Woodall
Apr 2, 20222 min read
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Prima Facie Claim for Resentencing Established in 1170.95 Case
People v. Flores Docket: F080584 (Fifth Appellate District), Opinion Date: March 29, 2022. The Court of Appeal agreed with petitioner that he established a prima facie claim for resentencing relief pursuant to Penal Code section 1170.95. Therefore, the trial court erred in denying the petition without issuing an order to show cause or holding an evidentiary hearing. In this case, neither the charge nor the plea excludes petitioner from resentencing eligibility as a matter of

Nick Woodall
Mar 30, 20221 min read
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2nd Appellate District Court Orders Bail Reduction Motion Reheard
In re Brown Docket: B313533 (Second Appellate District), Opinion Date: March 14, 2022. The Court of Appeal granted the petition for writ of habeas corpus challenging the trial court's order denying petitioner's motion to reduce bail. The court concluded that petitioner is entitled to a new bail hearing that complies with In re Humphrey (2021) 11 Cal.5th 135, where the Supreme Court held that conditioning pretrial release from custody solely on whether an arrestee can afford

Nick Woodall
Mar 15, 20221 min read
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9th Circuit Reverses Qualified Immunity for Police Detective
Ballentine v. Tucker Court: US Court of Appeals for the Ninth Circuit, Docket: 20-16805, Opinion Date: March 8, 2022. Plaintiffs filed suit alleging claims under 42 U.S.C. 1983 and Nevada law against individual law enforcement officers and the Las Vegas Metropolitan Police Department. Plaintiffs' claims stemmed from their arrest for chalking anti-police messages on sidewalks. On appeal, plaintiffs challenge the district court's grant of qualified immunity to Detective Tucker.

Nick Woodall
Mar 11, 20222 min read
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More Gang Enhancements Reversed
People v. Rodriguez Docket: F078864 (Fifth Appellate District), Opinion Date: March 1, 2022. Defendants Elijah and Michael Rodriguez, two brothers, were jointly tried and convicted of actively participating in a criminal street gang and gang-related, premeditated attempted murder plus attendant crimes and enhancements. The Court of Appeal concluded, and the People concede, that Assembly Bill 333 applies retroactively and requires the court to reverse the active participation

Nick Woodall
Mar 2, 20221 min read
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9th Circuit Remands Capital Case for Penalty Phase Trial
Sanders v. Davis Docket: 17-16511, Opinion Date: January 13, 2022. In 1982, Sanders was convicted of murder and sentenced to death. Sanders’s attorney, Hoover, had never represented a capital defendant before and conducted a minimal penalty phase investigation. Sanders told Hoover that he viewed a life without parole (LWOP) sentence as unacceptable and that he did not want Hoover to present a penalty defense. Hoover presented no evidence and made no argument during the penalt

Nick Woodall
Jan 15, 20221 min read
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9th Circuit Reverses Denial of Motion for Early Termination of Supervised Release
United States v. Ponce Docket: 21-30009, Opinion Date: January 11, 2022. Ponce pleaded guilty to the distribution of methamphetamine in 2015. He was sentenced to the mandatory minimum term of 60 months’ imprisonment plus 48 months of supervised release. While in custody, Ponce pursued his rehabilitation with diligence and graduated from the Bureau of Prison’s nine-month intensive Residential Drug Abuse Program. Ponce began his term of supervised release in August 2018. In Oct

Nick Woodall
Jan 12, 20222 min read
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Supreme Court Reverses In re Mohammad
In re Mohammad Docket: S259999, Opinion Date: January 3, 2022. Supreme Court held that the Department of Corrections and Rehabilitation acted within the authority provided by Cal. Const. art. I, 32(b) when it adopted regulations prohibiting early parole consideration under the scheme set forth in Proposition 57, The Public Safety and Rehabilitation Act of 2016, for inmates "currently serving a term of incarceration for a 'violent felony.'" After Petitioner was convicted of ni

Nick Woodall
Jan 5, 20221 min read
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UPDATE: In re Mohammad
In re Mohammad, S259999. (B295152; 42 Cal.App.5th 719; Los Angeles County Superior Court; BA361122, BH011959.) The long awaited ruling...

Nick Woodall
Dec 29, 20211 min read
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Franklin Hearing Granted 30 Years After Conviction
California v. Howard Docket: G059213 (Fourth Appellate District), Opinion Date: December 22, 2021. Defendant Harry Howard filed a motion...

Nick Woodall
Dec 23, 20211 min read
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Involuntary Confession Reverses Murder Conviction
California v. Jimenez Docket: E074849 (Fourth Appellate District), Opinion Date: December 14, 2021. A police officer spotted defendant...

Nick Woodall
Dec 15, 20212 min read
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Punishment Based on Same Indivisible Course of Conduct Must be Stayed
In re L.J. Docket: A161118 (First Appellate District), Opinion Date: November 30, 2021. Antioch police officers, responding to a call...

Nick Woodall
Dec 1, 20212 min read
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REVERSED: Trial Court's Factfinding at Initial Stage of Motion to Vacate Conviction was Improper
California v. Murillo Docket: G059845 (Fourth Appellate District), Opinion Date: November 23, 2021. Appellant Javier Murillo was...

Nick Woodall
Nov 24, 20211 min read
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