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Articles Posted in Prison Law

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Petition to Dismiss Parole Revocation on Due Process Grounds Must  be Considered by the Trial Court

THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER SKAGGS, Defendant and Appellant. (Cal. Ct. App., Aug. 14, 2025, No. A170942) 2025 WL 2356066, at *1–2 Summary: Skaggs filed a motion to dismiss his parole revocation petition on due process grounds, which the trial court treated as a Penal Code section 1385…

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CDCR cannot award credits to advance indeterminately-sentenced inmates’ minimum eligible parole dates

Criminal Justice Legal Foundation v. Department of Corrections and Rehabilitation (Cal. Ct. App., July 28, 2025, No. C100274) 2025 WL 2104730, at *1–2 Summary: In 2016,  Proposition 57, the Public Safety and Rehabilitation Act of 2016 (Cal. Const., art. I § 32) amended the California Constitution to give the California…

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Court upholds reversal of parole because of incidents not resulting in disciplinary action

In re Rogowski (Cal. Ct. App., May 22, 2025, No. D084748) 2025 WL 1691929, at *1–2 Summary: In 2022, after he had served 31 years in prison, the Board granted Rogowski parole a second time. The Governor found Rogowski still posed an unreasonable danger to society if released from prison…

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Prisoner has right to consult with his attorney at resentencing hearing

People v. Grajeda (Cal. Ct. App., June 3, 2025, No. B337664) 2025 WL 1564615, at *1 Summary: In 2012 a jury found Grajeda guilty of first degree murder and possession of a firearm by a felon. The jury also found true gang and firearm allegations. The trial court found true…

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Statements made at Parole Hearing are admissible at resentencing hearing

People v. Rodriguez (Cal. Ct. App., Apr. 7, 2025, No. B332704) 2025 WL 1023731, at *1 Summary: Rodriguez appealed from an order denying his petition for resentencing under Penal Code section 1172.6, contending that the trial court erred in admitting statements he made in a letter to the Board of…

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Limitation On Credit To Advance A YouthParole Eligibility Date Do Not Violate Equal Protection Of Law

In re Nguyen (Cal. Ct. App., Nov. 27, 2024, No. B329158) 2024 WL 4901809, at *1 Summary: Nguyen was sentenced to an indeterminate prison term with the possibility of parole. Penal Code section 3046 establishes a minimum eligible parole date (MEPD) for when that hearing will occur. Additionally, because Nguyen…

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Misuse of tablets issued to CDCR inmates is not computer fraud or grounds to deny access to computers

In re JOSE OLIVERAS on Habeas Corpus (Cal. Ct. App., Aug. 2, 2024, No. A168677) 2024 WL 3633748 Summary:Oliveras challenged a disciplinary report revoking his computer access and making him ineligible for computer-access-required work assignments or programming because of being found with contraband pornographic images on a tablet device. The…

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Court has no authority to release person on lifetime parole to probation on plea bargain

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; ROBERT L. ESCOBEDO, Real Party in Interest. (Cal. Ct. App., Aug. 25, 2023, No. A166559) 2023 WL 5498785 Summary: Escobedo was placed on felony probation pursuant to a plea bargain. The  superior court permitted the…

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District Attorney Lacks Standing to Challenge SB 394 Parole Hearings for 16 or 17 year-olds Sentenced to LWOP

The PEOPLE, et al., Plaintiffs and Respondents, v.BOARD OF PAROLE HEARINGS, Defendant and Appellant; Nathan Joshua Ramazzini, Real Party in Interest and Appellant. C093941,Filed September 15, 2022 2022 WL 4244262 (Cal.App. 3 Dist.) Summary: in 1997, Ramazzini was convicted of a first degree murder with a special circumstance he committed…

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