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

In re Terraza Docket: E077170 (Fourth Appellate District), Opinion Date: January 12, 2022. The Acting Warden of the California Institute for Men petitioned a Superior Court for authorization to perform electroconvulsive therapy (ECT) on inmate Rudy Terraza. Convicted of first-degree murder at age 17, Terraza was a 44-year-old with a history of mental illness. According to a prison psychiatrist, Terraza has a “schizoaffective disorder, bipolar type . . . characterized by audit

United States v. Ponce Docket: 21-30009, Opinion Date: January 11, 2022. Ponce pleaded guilty to the distribution of methamphetamine in 2015. He was sentenced to the mandatory minimum term of 60 months’ imprisonment plus 48 months of supervised release. While in custody, Ponce pursued his rehabilitation with diligence and graduated from the Bureau of Prison’s nine-month intensive Residential Drug Abuse Program. Ponce began his term of supervised release in August 2018. In Oct

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

In re Mohammad Docket: S259999, Opinion Date: January 3, 2022. Supreme Court held that the Department of Corrections and Rehabilitation acted within the authority provided by Cal. Const. art. I, 32(b) when it adopted regulations prohibiting early parole consideration under the scheme set forth in Proposition 57, The Public Safety and Rehabilitation Act of 2016, for inmates "currently serving a term of incarceration for a 'violent felony.'" After Petitioner was convicted of ni

United States v. Turchin Docket: 18-10464, Opinion Date: January 3, 2022. Based on his participation in a scheme to issue California commercial driver’s licenses to persons who had not passed the requisite tests, Turchin was convicted of fraud involving identification documents, 18 U.S.C. 1028(a)(1) and under 18 U.S.C. 371, for conspiracy to violate the prohibitions on bribery concerning a program receiving federal funds under 18 U.S.C. 666(a)(1)(B) and (a)(2) and to commit f

United States v. Jackson Docket: 20-35592, Opinion Date: January 3, 2022. Jackson pleaded guilty to conspiracy to engage in sex trafficking in exchange for the government’s promise to recommend a sentencing range of 120–180 months’ imprisonment. Despite assuring the court during the plea colloquy that there was no “side agreement,” Jackson later argued that he relied on the government’s oral promise that it would not offer his codefendant (Young) a lesser sentence. Young was

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

In re Mohammad, S259999. (B295152; 42 Cal.App.5th 719; Los Angeles County Superior Court; BA361122, BH011959.) The long awaited ruling...

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

12/22/2021—At the request of Governor Gavin Newsom, the Supreme Court today recommended clemency for Eric Cowan, allowing Newsom to...

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

California v. Howard Docket: G059213 (Fourth Appellate District), Opinion Date: December 22, 2021. Defendant Harry Howard filed a motion...

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

Blakes v. Super. Ct. Court: California Courts of Appeal, Docket: C093856 (Third Appellate District), Opinion Date: December 16, 2021....

California v. Jimenez Docket: E074849 (Fourth Appellate District), Opinion Date: December 14, 2021. A police officer spotted defendant...

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