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Franklin Hearing Granted 30 Years After Conviction

California v. Howard Docket: G059213 (Fourth Appellate District), Opinion Date: December 22, 2021. Defendant Harry Howard filed a motion for a Franklin proceeding three decades after committing the underlying offense. By that time, he had already introduced youth-related evidence at a prior parole hearing, but he had never requested a Franklin proceeding. The court denied his motion on its face because it failed to show what additional evidence merited preservation. The Court of Appeal found the trial court prematurely denied Howard’s request. "His motion met the legal requirements to initiate the Franklin process. As such, the court should have provided Howard an opportunity to explain the evidence he sought to introduce before determining whether a Franklin proceeding was warranted." Judgment was reversed and the case remanded for further proceedings. #franklinhearing #juvenile #hallmarksofyouth


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