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. Flores Docket: F080584 (Fifth Appellate District), Opinion Date: March 29, 2022. The Court of Appeal agreed with petitioner that he established a prima facie claim for resentencing relief pursuant to Penal Code section 1170.95. Therefore, the trial court erred in denying the petition without issuing an order to show cause or holding an evidentiary hearing. In this case, neither the charge nor the plea excludes petitioner from resentencing eligibility as a matter of

California v. Kelley Docket: C089721 (Third Appellate District), Opinion Date: March 29, 2022. Defendant Michael Kelley, III and the victim, L.S., were dating and lived together for two years and had a child together. When the relationship ended, L.S. obtained a domestic violence restraining order against defendant. He violated the order repeatedly. In one of several consolidated cases, defendant was charged with felony stalking. He pled guilty and the charges in the other co

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

In re Brown Docket: B313533 (Second Appellate District), Opinion Date: March 14, 2022. The Court of Appeal granted the petition for writ of habeas corpus challenging the trial court's order denying petitioner's motion to reduce bail. The court concluded that petitioner is entitled to a new bail hearing that complies with In re Humphrey (2021) 11 Cal.5th 135, where the Supreme Court held that conditioning pretrial release from custody solely on whether an arrestee can afford

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

Understanding Causative Factors

Contents of a Successful Application/Portfolio

Understanding Causative Factors

Ballentine v. Tucker Court: US Court of Appeals for the Ninth Circuit, Docket: 20-16805, Opinion Date: March 8, 2022. Plaintiffs filed suit alleging claims under 42 U.S.C. 1983 and Nevada law against individual law enforcement officers and the Las Vegas Metropolitan Police Department. Plaintiffs' claims stemmed from their arrest for chalking anti-police messages on sidewalks. On appeal, plaintiffs challenge the district court's grant of qualified immunity to Detective Tucker.

California v. Pacheco Docket: G059940 (Fourth Appellate District), Opinion Date: March 9, 2022. In 2008, defendant Hector Pacheco and other gang members "jumped" two people: one victim died, the other survived. A jury found Pacheco guilty of first degree murder as an aider and abettor, attempted murder, and gang participation. The jury also found true a gang special circumstance sentencing enhancement. In 2019, Pacheco filed a Penal Code section 1170.95 petition seeking to va

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

During a clemency interview and/or parole suitability hearing, the offender will be asked a variation of Why did this crime occur? This is coded language. The reviewers want to know if the offender knows what caused the crime. In other words, what are the causative factors or better said, what were the offender’s primary character defects.

People v. Rodriguez Docket: F078864 (Fifth Appellate District), Opinion Date: March 1, 2022. Defendants Elijah and Michael Rodriguez, two brothers, were jointly tried and convicted of actively participating in a criminal street gang and gang-related, premeditated attempted murder plus attendant crimes and enhancements. The Court of Appeal concluded, and the People concede, that Assembly Bill 333 applies retroactively and requires the court to reverse the active participation

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