People v. Mendoza Docket: B306169 (Second Appellate District), Opinion Date: February 3, 2022. Defendant appealed the trial court's judgment entered following a jury trial in which he was convicted of attempted extortion; attempted robbery; assault with a deadly weapon; assault with force likely to cause great bodily injury; assault with a deadly weapon; and dissuading a witness. The Court of Appeal concluded that substantial evidence supported defendant's conviction for exto

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

People v. Sek Docket: B309003 (Second Appellate District), Opinion Date: February 1, 2022. Assembly Bill No. 333, which altered both the substantive and procedural law regarding gang enhancements under Penal Code section 186.22, applies retroactively in this case. Under the new law, in order to prove that the defendant committed a crime for the benefit of a criminal street gang, the prosecution must show that the benefit to the gang was "more than reputational." Here, the ins

Johnson v. Baker Docket: 20-17202, Opinion Date: January 26, 2022. In an action brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the district court entered an injunction, requiring Nevada prison officials to allow the plaintiff to possess no more than a half-ounce of scented oil in his cell for personal use with his prayers. The Ninth Circuit affirmed. Noting RLUIPA's expansive protections for religious liberty, the court concluded that Nevada’

People v. Tirado Docket: S257658, Opinion Date: January 20, 2022. The Supreme Court reversed the judgment of the court of appeal affirming the decision of the trial court to sentence Defendant to three years for robbery with a twenty-five-years-to-life enhancement under Cal. Penal Code 12022.53(d), holding that the trial court erred in denying Defendant's motion to strike. A jury convicted Defendant of second degree robbery, assault with a semiautomatic firearm, and driving u

California v. Zamora Docket: G059259 (Fourth Appellate District), Opinion Date: January 14, 2022. Israel Gutierrez Zamora was convicted on multiple charges, including attempted kidnapping and assault with a semiautomatic weapon. He petitioned for disclosure of juror identifying information pursuant to Code of Civil Procedure section 237. After denying the disclosure petition as untimely, the trial court sentenced Zamora to a total term of 98 years to life. Zamora then filed a

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

People v. Langi Docket: A160262 (First Appellate District), Opinion Date: January 12, 2022. In 2007, Langi was convicted of the second-degree murder of Martinez. Langi was one of four men who beat and robbed a group that included Martinez, who died after someone in Langi’s group punched him, causing him to fall and hit his head. Langi’s Penal Code section 1170.95 resentencing petition was filed before the 2021 amendment, which authorizes resentencing of persons convicted of m

People v. Porter Docket: F080921 (Fifth Appellate District), Opinion Date: January 6, 2022. Porter was driving a getaway car following the 2008 robbery of a gas station convenience store. When the car was stopped by California Highway Patrol officers, Porter’s passenger shot at the officers. The passenger was apprehended. Porter turned himself in. Porter was convicted on two counts of attempted murder of a police officer and was sentenced to two consecutive terms of life with

People v. Mejorado Docket: B308926 (Second Appellate District), Opinion Date: January 3, 2022. Mejorado, convicted in 2009 of the first-degree murder of Flores, and of the later first-degree murders of two others, is serving three terms of life without parole, plus more for various enhancements. The jury found true the special circumstance allegation that Mejorado committed the Flores murder while engaged in a robbery. The jury could not determine whether Mejorado or his comp

People v. Harrison Court: California Courts of Appeal, Docket: A159115 (First Appellate District), Opinion Date: December 30, 2021. Harrison sought to be resentenced under Penal Code section 1170.95, which allows a defendant convicted of felony murder to have his conviction vacated and be resentenced if the conviction would not be valid under recent amendments to sections 188 and 189, which changed the law so that a participant in certain felonies in which a death occurs is g

People v. Turner Docket: A159822 (First Appellate District), Opinion Date: December 23, 2021. Turner was charged with committing two...

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

12/17/2021—The Committee on Revision of the Penal Code says tough sentencing laws have done little for public safety while driving up...

California v. Benzler Docket: C092779 (Third Appellate District), Opinion Date: December 14, 2021. Defendant Allen Benzler was sentenced...

People v. Superior Court (Jones) Court: Supreme Court of California, Docket: S255826, Opinion Date: December 2, 2021.The Supreme Court...

Following a parole consideration hearing resulting in a denial of parole or a stipulation of unsuitability, the prisoner may file a BPH...

California v. Ervin Docket: G059731 (Fourth Appellate District), Opinion Date: November 30, 2021. In 1991, petitioner Nokkuwa Ervin and...

People v. Montes Docket: B312152 (Second Appellate District), Opinion Date: November 23, 2021. Defendant was convicted of two counts of...