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Prisoner Possession of Prayer Oil Upheld by 9th Circuit
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’

Nick Woodall
Jan 27, 20222 min read
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Supreme Court: Reverse Firearm Enhancement
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

Nick Woodall
Jan 21, 20221 min read
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Enhancements Ordered Stricken on Remand
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

Nick Woodall
Jan 17, 20222 min read
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Reliance on Original Opinion to Deny 1170.95 Relief was Improper
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

Nick Woodall
Jan 13, 20222 min read
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SB 775 Relief Six Days In
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

Nick Woodall
Jan 7, 20221 min read
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Consolidated Murder Case Conviction: REVERSED
People v. Turner Docket: A159822 (First Appellate District), Opinion Date: December 23, 2021. Turner was charged with committing two...

Nick Woodall
Dec 24, 20212 min read
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Panel Advises Ending Life-Without-Parole, ‘3 Strikes’ Sentences
12/17/2021—The Committee on Revision of the Penal Code says tough sentencing laws have done little for public safety while driving up...

Nick Woodall
Dec 18, 20214 min read
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"Franklin" Hearing Denial: REVERSED
California v. Benzler Docket: C092779 (Third Appellate District), Opinion Date: December 14, 2021. Defendant Allen Benzler was sentenced...

Nick Woodall
Dec 15, 20211 min read
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Prosecutor Must Release Records in Batson/Wheeler Claim
People v. Superior Court (Jones) Court: Supreme Court of California, Docket: S255826, Opinion Date: December 2, 2021.The Supreme Court...

Nick Woodall
Dec 3, 20211 min read
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Denied at Board? No Worries... Take Advantage of the PTA!
Following a parole consideration hearing resulting in a denial of parole or a stipulation of unsuitability, the prisoner may file a BPH...

Nick Woodall
Dec 1, 20213 min read
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4th Appellate District Reverses 1170.95 Denial
California v. Ervin Docket: G059731 (Fourth Appellate District), Opinion Date: November 30, 2021. In 1991, petitioner Nokkuwa Ervin and...

Nick Woodall
Dec 1, 20212 min read
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Court of Appeal Reverses Denial of 1170.95 Petition to Allow for Application of SB 775
People v. Montes Docket: B312152 (Second Appellate District), Opinion Date: November 23, 2021. Defendant was convicted of two counts of...

Nick Woodall
Nov 24, 20211 min read
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State Prison Sentence Violates Equal Protection Principles
People v. Fisher Docket: A161128 (First Appellate District), Opinion Date: November 16, 2021. Fisher was stopped for reckless driving and...

Nick Woodall
Nov 17, 20212 min read
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