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Gang Enhancement Vacated: Lack of Nexus
California v. Ramirez Docket: E074402 (Fourth Appellate District), Opinion Date: December 9, 2021. Defendants Jamie Ramirez and Albert...

Nick Woodall
Dec 10, 20212 min read


Dual Assault Convictions Violate Section 954
California v. Waxlax Docket: E074347 (Fourth Appellate District), Opinion Date: December 9, 2021. During an altercation outside a bar...

Nick Woodall
Dec 10, 20212 min read


5-Year Denial to PTA Win!
12/06/2021 -- Congratulations to Glenn Marquez on having his Petition to Advance Hearing Date approved. Glenn was given a 5-year denial...

Nick Woodall
Dec 7, 20211 min read


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


Remand to Exercise Discretion to Strike Firearm Enhancement
People v. Cervantes Docket: B308616 (Second Appellate District), Opinion Date: December 1, 2021. Cervantes was charged in connection with...

Nick Woodall
Dec 2, 20212 min read


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


Punishment Based on Same Indivisible Course of Conduct Must be Stayed
In re L.J. Docket: A161118 (First Appellate District), Opinion Date: November 30, 2021. Antioch police officers, responding to a call...

Nick Woodall
Dec 1, 20212 min read


Insufficient Evidence: Kidnap to Commit Rape
California v. Lewis Docket: G060049 (Fourth Appellate District), Opinion Date: November 30, 2021. Rodney Lewis appealed after a jury...

Nick Woodall
Dec 1, 20211 min read


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


Parolee Entitled to CDCR Written Report Before Trial Court's Ruling on Petition to Revoke Parole
People v. Williams Docket: A159914 (First Appellate District), Opinion Date: November 23, 2021. Williams, convicted of murder in 1995 and...

Nick Woodall
Nov 24, 20212 min read


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


1170.95 Resentencing Process Invokes Prop. 57 & SB 1391
People v. Ramirez Docket: B306088 (Second Appellate District), Opinion Date: November 23, 2021. The Court of Appeal reversed a...

Nick Woodall
Nov 24, 20211 min read


REVERSED: Trial Court's Factfinding at Initial Stage of Motion to Vacate Conviction was Improper
California v. Murillo Docket: G059845 (Fourth Appellate District), Opinion Date: November 23, 2021. Appellant Javier Murillo was...

Nick Woodall
Nov 24, 20211 min read


Supreme Court Authorizes Governor To Commute Third-Strike Sentence
11/23/2021—The Supreme Court granted Governor Gavin Newsom request to commute a 25 years to life sentence for robbery as a third strike....

Nick Woodall
Nov 23, 20211 min read


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


Prison Officials' Failure to Respond to Admin. Appeal Deemed "Unavailable" Under PLRA
Fordley v. Lizarraga Docket: 19-15691, Opinion Date: November 10, 2021. Plaintiff, an inmate at Mule Creek State Prison, asserted that he...

Nick Woodall
Nov 11, 20211 min read


REVERSED: Admission of Firearm Use in Killing at Prelim Must Supply the Basis for Plea
People v. Davenport Docket: A161954 (First Appellate District), Opinion Date: November 10, 2021. In 2007, Davenport pled no contest to...

Nick Woodall
Nov 11, 20212 min read


Supreme Court Signs Off On Two More Clemency Grants
11/10/2021—Acting with unusual speed, the Supreme Court today approved Governor Gavin Newsom’s requests to grant a pardon and a sentence...

Nick Woodall
Nov 10, 20212 min read


REVERSED: Denial of Motion to Suppress Firearm Evidence
People v. Cuadra Docket: B310554 (Second Appellate District), Opinion Date: November 5, 2021. At 2:15 a.m. on June 3, 2020, Deputy Zeas...

Nick Woodall
Nov 6, 20212 min read


IJ's Denial of Motion for Continuance: Reversed
Usubakunov v. Garland Court: US Court of Appeals for the Ninth Circuit, Docket: 18-72974, Opinion Date: November 1, 2021. Detained,...

Nick Woodall
Nov 5, 20211 min read
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