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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


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


VACATED: Denial of Motion Under the 2020 Racial Justice Act
Young v. Superior Court of Solano County Court: California Courts of Appeal, Docket: A162850 (First Appellate District), Opinion Date:...

Nick Woodall
May 27, 20222 min read


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


Case Not Final: Remanded for Resentencing & Application of New Laws
People v. Jones Court: California Courts of Appeal, Docket: A160328 (First Appellate District), Opinion Date: May 24, 2022. Based on a...

Nick Woodall
May 27, 20222 min read


Supreme Court: Proposition 57 Applies to Defendant's Resentencing
People v. Padilla Court: Supreme Court of California, Docket: S263375, Opinion Date: May 26, 2022. The Supreme Court held that...

Nick Woodall
May 27, 20221 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


Court of Appeal Affirms Dismissal of Complaint
California v. Watkins Docket: G059966 (Fourth Appellate District), Opinion Date: May 16, 2022. Respondent Michael Watkins, Jr., and a codefendant were charged with second degree robbery and two counts of identity theft based on purchases they allegedly made at a Best Buy store in Los Angeles County. At Watkins’s preliminary hearing, the State presented evidence that the victims’ wallets had been stolen from parked cars in Orange County, and that later that day, two men had us

Nick Woodall
May 17, 20221 min read


9th Circuit Vacates Conviction for Felon in Possession of Firearm
USA v. James Allen, II Docket: 21-10060, Opinion Date: May 16, 2022. In July 2020, during the heart of the COVID pandemic, Defendant was arrested and charged with being a felon in possession of a firearm and ammunition. Defendant's case went to trial no long after his arrest, when the district court's COVID procedures were still in effect. More specifically, the Northern District of California imposed a restriction stating only "persons who have been authorized by a judge or

Nick Woodall
May 17, 20221 min read


Supreme Court Approves Commutation of 3rd Striker
5/11/2022—The Supreme Court today made rulings in two clemency matters. The state constitution requires that a governor get an...

Nick Woodall
May 12, 20222 min read


Resentencing Ordered for Attempted Murder Conviction
California v. Lopez Docket: D078841 (Fourth Appellate District), Opinion Date: May 10, 2022. Defendant Fernando Lopez was convicted by jury of premeditated attempted murder, assault with a semiautomatic firearm, and being a felon in possession of a firearm. In challenging his convictions, Lopez raises two related contentions: (1) the trial court abused its discretion in denying his motion for mistrial; and (2) the court’s decision to admit what Lopez referred to as “gang evid

Nick Woodall
May 11, 20221 min read


Gang Enhancements Reversed
People v. Perez Docket: B300396 (Second Appellate District), Opinion Date: May 2, 2022. Three men ("Defendants") were involved in a fistfight. During the fracas, one of the Defendants ("the Shooter") retrieved a gun. The Shooter missed his intended target, but several passing vehicles, including a young child. All three Defendants were charged with attempted premeditated murder and shooting at an occupied motor vehicle. All charges contained a gang enhancement under Sec. 186

Nick Woodall
May 9, 20221 min read


3rd Striker Youth Offender Still Entitled to "Franklin" Hearing
California v. Delgado Court: California Courts of Appeal, Docket: G059650 (Fourth Appellate District), Opinion Date: April 29, 2022. The issue presented by this appeal was whether youthful offenders who are statutorily ineligible for early parole consideration were nevertheless entitled to a "Franklin" proceeding to preserve evidence for their eventual parole hearing. During his early 20’s, appellant was involved in three separate criminal incidents. s a result of those incid

Nick Woodall
May 9, 20221 min read


Prison Officials Violated Constitution When They chose a Medically Unacceptable Course Of Treatment
Lewis Stewart v. Romeo Aranas Court: US Court of Appeals for the Ninth Circuit, Docket: 20-15586, Opinion Date: May 4, 2022. Plaintiff filed an action pursuant to 42 U.S.C. Section 1983 alleging that Defendants, prison officials, were deliberately indifferent to his medical needs, when despite his numerous complaints over a period of years and a visibly deteriorating condition, they ignored his enlarged prostate. After the district court screened Plaintiff’s complaint, he was

Nick Woodall
May 9, 20221 min read


9th Circuit: Restitution Order Vacated
USA v. Randly Begay Docket: 14-10080, Opinion Date: May 5, 2022. Challenging his second-degree murder conviction, Defendant argued on appeal that the district court erred by failing to instruct the jury that the government bore the burden of proving beyond a reasonable doubt that Defendant did not act upon a sudden quarrel or in the heat of passion. The en banc court could not conclude on the record that the district court plainly erred. Challenging his Section 924(c) convict

Nick Woodall
May 9, 20221 min read


Gang and Gun Enhancements Crumble under AB 333
People v. Ramos Docket: F080916 (Fifth Appellate District), Opinion Date: April 27, 2022. Defendant challenged his conviction for shooting at an occupied motor vehicle and the related firearm and gang enhancements. He argued that the Superior Court prejudicially erred in admitting evidence related to an uncharged offense and in imposing the firearm enhancement and gang enhancements. He further challenged the validity of the gang enhancement, firearm enhancement, and underlyin

Nick Woodall
May 2, 20221 min read


Conduct Credits Applicable for Time Spent in State Hospital
People v. Yang Docket: A162703 (First Appellate District), Opinion Date: April 29, 2022. Yang was charged after he struck his father in the head with a flashlight and kicked a juvenile down the stairs. On April 9, 2018, the trial court suspended proceedings, finding Yang incompetent to stand trial, and committed him to the Department of State Hospitals. On August 7, 2019, the state hospital’s medical director certified that Yang was competent to stand trial; he was returned t

Nick Woodall
May 2, 20221 min read


1170.95 Petition Still Alive: "Actual Killer" = "Personally Killed"
California v. Lopez Docket: G060261 (Fourth Appellate District), Opinion Date: April 28, 2022. Defendant-appellant Jaime Lopez was convicted by jury of the first degree murder of Reginold Harry. The jury found true a special circumstance allegation that the murder occurred during the commission of a robbery. The trial court sentenced defendant to a term of life without the possibility of parole. Defendant appealed a trial court order denying his petition for resentencing unde

Nick Woodall
May 2, 20221 min read


Prisoner Entitled to "Franklin" Hearing
California v. Delgado Docket: G059650 (Fourth Appellate District), Opinion Date: April 29, 2022. The issue presented by this appeal was whether youthful offenders who are statutorily ineligible for early parole consideration were nevertheless entitled to a "Franklin" proceeding to preserve evidence for their eventual parole hearing. During his early 20’s, appellant was involved in three separate criminal incidents. s a result of those incidents, appellant was convicted of kid

Nick Woodall
May 2, 20221 min read


Assault Conviction Reversed: Injuries Not Based on Different Acts
People v. Serrano Docket: F080692 (Fifth Appellate District), Opinion Date: April 25, 2022. Defendant was charged with the following...

Nick Woodall
Apr 27, 20221 min read
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