top of page
Search


Posse Solutions Student Granted Parole
“You also have an offer of employment from Posse Solutions, and that offer came about when you took a course about understanding the...

Nick Woodall
Jun 28, 20221 min read


More Gang Enhancements Reversed
People v. Montano Docket: F079222 (Fifth Appellate District), Opinion Date: June 22, 2022. Defendants were convicted of first degree...

Nick Woodall
Jun 23, 20222 min read


Another Posse Solutions LLC Client is Granted Parole
“Um, you did start recently taking programs through the outside company, Posse Solutions, and it appears you did diligently complete...

Nick Woodall
Jun 21, 20221 min read


Parole Grant for Posse Solutions LLC Client
“You’ve taken a program called Understanding Responsibility [Posse Solutions, LLC], and it appears that that has helped you become full...

Nick Woodall
Jun 21, 20221 min read


9th Circuit Reverses Denial of Motion to Vacate Conviction
USA v. Justin Werle Court: US Court of Appeals for the Ninth Circuit, Docket: 20-36005, Opinion Date: June 3, 2022. Defendant sought to...

Nick Woodall
Jun 15, 20222 min read


SB 1178 UPDATE
SB 1178, Bradford. Status: On 14-JUN-22 the following history action was applied: "From committee: Do pass. (Ayes 5. Noes 2.) (June 14)."...

Nick Woodall
Jun 15, 20221 min read


REVERSED: 'Kill Zone' Theory Jury Instruction Erroneous
In re Sambrano Docket: E078147 (Fourth Appellate District), Opinion Date: June 9, 2022. Petitioner Jesse Sambrano sought to reverse his...

Nick Woodall
Jun 15, 20221 min read


Prejudice Established: Immigration Consequences re: Plea Agreement
California v. Soto Docket: C092015 (Third Appellate District), Opinion Date: June 6, 2022. During a traffic stop in September 2009,...

Nick Woodall
Jun 7, 20222 min read


SB 300 Update
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)....

Nick Woodall
Jun 2, 20222 min read


SQ Excessive Force Civil Suit Moves Forward
Shikeb Saddozai v. Ron Davis Court: US Court of Appeals for the Ninth Circuit, Docket: 20-17519, Opinion Date: May 23, 2022. Plaintiff...

Nick Woodall
May 27, 20222 min read


Credit Card Fraud Loss Erroneously Calculated
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

Nick Woodall
Apr 2, 20222 min read


Domestic Battery Prior Reversed & Remanded for Resentencing
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

Nick Woodall
Mar 31, 20222 min read


REVERSAL: Warrantless Search & Seizure Violates 4th Amendment
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

Nick Woodall
Mar 29, 20221 min read


JLWOP Reversed, New Trial Judge Ordered
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

Nick Woodall
Mar 15, 20221 min read


US Supreme Court Reverses ACCA Mandatory Sentence
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

Nick Woodall
Mar 8, 20222 min read


Ninth Circuit Reverses Denial of Bivens Action
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

Nick Woodall
Mar 1, 20222 min read


Defendant Receives Prop. 57 & AB 333 Relief
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

Nick Woodall
Feb 23, 20222 min read


CCA 5th District Reverses Attempted Murder Conviction Pursuant to SB 775
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

Nick Woodall
Feb 16, 20221 min read


Gang Enhancements Struck: Requires Proof of Additional Elements
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

Nick Woodall
Feb 10, 20222 min read


Punishment Reversed: Trial Court Erred in Assault Convictions
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

Nick Woodall
Feb 4, 20221 min read
bottom of page