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

SB 300, Cortese and Durazo. Status: 6/1/2022, From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 1)....

Young v. Superior Court of Solano County Court: California Courts of Appeal, Docket: A162850 (First Appellate District), Opinion Date:...

Shikeb Saddozai v. Ron Davis Court: US Court of Appeals for the Ninth Circuit, Docket: 20-17519, Opinion Date: May 23, 2022. Plaintiff...

USA V. RUSLAN KIRILYUK Docket: 19-10447, Opinion Date: April 1, 2022. Defendant was convicted of 28 felony offenses in connection with a fraud conspiracy involving 120,000 American Express Cards. In sentencing Defendant to 27 years’ imprisonment, the district court relied in part on Application Note 3(F)(i) to U.S.S.G. Sec. 2B1.1 (“the Application Note”), which provides that the “loss” amount for the use of counterfeit credit cards must at least $500 per credit card used. Usi

People v. McMurray Docket: C090767 (Third Appellate District), Opinion Date: March 30, 2022. Defendant Woody McMurray appealed a trial court’s denial of a recommendation made by the Secretary (Secretary) of the California Department of Corrections and Rehabilitation (CDCR) under former Penal Code section 1170(d)(1) that the trial court consider recalling defendant’s sentence and resentencing him in light of changes made to section 12022.53. Defendant contended the trial court

California v. Kiger Docket: E075551 (Fourth Appellate District), Opinion Date: March 30, 2022. The ex-girlfriend of defendant Johnathan Kiger testified that he got drunk and started an argument with her. During the argument, he slapped her, pushed her head against a car, dragged her by the leg, and finally strangled her into unconsciousness. There was evidence that defendant had committed three prior assaults: one on the same girlfriend and two on previous girlfriends. The as

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. Holiman Docket: A160142 (First Appellate District), Opinion Date: March 28, 2022. Holiman was found in possession of illegal drugs and a handgun during a traffic stop initiated after he made a right-hand turn at a stop sign, while the arresting officer’s patrol car was stopped directly behind him. Holiman did signal the turn, but the basis for the traffic stop was that he did not turn on his signal blinker early enough: for the 100 feet he drove before coming to a s

People v. Guerrero Docket: B311548 (Second Appellate District), Opinion Date: March 14, 2022. Defendant was convicted of special-circumstance murder and sentenced to life without parole for crimes committed when she was 16 years old. The Court of Appeal affirmed defendant's conviction and remanded for resentencing in light of Penal Code section 190.5, subdivision (b). On remand, the trial court mischaracterized the court's mandate as simply directing a clarification of its pr

Wooden v. United States Docket: 20-5279, Opinion Date: March 7, 2022. Wooden was convicted as a felon in possession of a firearm, 18 U.S.C. 922(g). The Armed Career Criminal Act (ACCA) mandates a 15-year minimum penalty for section 922(g) offenders with at least three prior convictions for specified felonies “committed on occasions different from one another.” Wooden had 10 burglary convictions arising from a single episode in 1997, during which Wooden unlawfully entered a on

Hoffman v. Preston Docket: 20-15396, Opinion Date: February 28, 2022. The Ninth Circuit reversed the district court's dismissal of an action brought by plaintiff, a federal prisoner, alleging violation of his Eighth Amendment rights and seeking damages under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics , 403 U.S. 388 (1971). Plaintiff alleged that a correctional officer labeled him a snitch to other prisoners, offered them a bounty to assault plaintiff, a

People v. Flint Docket: B310238 (Second Appellate District), Opinion Date: February 24, 2022. Flint was convicted of murder for his role in a 2006 attempted robbery in which his codefendant shot and killed Los Angeles County Sheriff’s Department Deputy Rosa. The jury rejected a felony-murder special circumstance allegation. In 2018, Senate Bill 1437 restricted the application of the felony-murder doctrine. Previously, if a defendant committed one of certain serious felonies i

California v. Hall Docket: E072463A (Fourth Appellate District), Opinion Date: February 22, 2022. Defendant-appellant Elijah Hall was convicted by jury of six counts of robbery committed for the benefit of a criminal street gang and one count of active gang participation (all committed when he was 15 years old), and he received a sentence of 65 years to life in state prison. Hall appealed, and while his appeal was pending, Proposition 57 raised the minimum age a minor could b

People v. Sanchez Docket: F076838A (Fifth Appellate District), Opinion Date: February 15, 2022. Sanchez was convicted of attempted murder and assault with a firearm after his acquaintance fired a shotgun during a confrontation with other men. To prove attempted murder, the prosecutor argued Sanchez directly aided and abetted the shooter and, alternatively, that attempted murder was a natural and probable consequence of assault with a firearm. The appellate court previously re

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

California v. Hampton, Docket: C093270 (Third Appellate District), Opinion Date: February 10, 2022. Defendant Danny Hampton was convicted by jury of first degree murder and on two counts of robbery. He was sentenced to an aggregate terms of 33 years to life. The jury could not reach a verdict on the robbery-murder special-circumstance allegation, and that allegation was dismissed on the State's motion for insufficient evidence. Defendant filed a petition for resentencing unde

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

People v. Vasquez Docket: F078228A (Fifth Appellate District), Opinion Date: February 9, 2022. A jury convicted Vasquez and Carrillo of first-degree murder and found personal firearm use enhancements to be true as to both defendants and separately found true gang enhancements and discharge of a firearm by a principal causing death enhancements as to both defendants. The court found true prior prison term allegations against Vasquez, sentenced Vasquez to 25 years to life in pr