Close

Articles Posted in Uncategorized

Updated:

A Car Accident Can Result in a Conviction for Assault with a Deadly Weapon

People v. Brugman (Cal. Ct. App., Mar. 30, 2021, No. D076658) 2021 WL 1186143  Summary: Brugman was convicted of  assault with a deadly weapon was based on his act crashing his vehicle into the car being driven by His former girlfriend as she tried to enter the driveway to her…

Updated:

California Supreme Court Affirms Right To Affordable Bail

In The Supreme Court Of California In Re Kenneth Humphrey On Habeas Corpus; S247278First Appellate District, Division Two A152056;San Francisco City And County Superior Court 17007715; March 25, 2021 In an unanimous decision, the California Supreme Court held that:“No person should lose the right to liberty simply because that person can’t…

Updated:

1437 proceedings: At prima facie stage trial court should not determine facts to dismiss the petition

People v. Duchine (Cal. Ct. App., Feb. 9, 2021, No. A157980) 2021 WL 447105, at *1 Summary: John Allen Duchine was convicted of first degree murder in 1987. In 2019, he filed a petition for resentencing under Penal Code section 1170.95,1 [Senate Bill 1437 (S.B. 1437)] with a declaration asserting…

Updated:

2021-22 Governor’s Budget Summary for The California Department of Corrections and Rehabilitation (CDCR)

CDCR incarcerates people convicted of violent felonies, supervises those released to parole, and provides rehabilitation programs to help them reintegrate into the community with the tools to be drug-free, healthy, and employable members of society. The Budget proposes total funding of $13.1 billion ($12.7 billion General Fund and $345 million…

Updated:

Resentencing of veterans under Section 1170.91 Is Unavailable in a Plea Bargain to a Stipulated Term of Years

People v. Brooks (Cal. Ct. App., Dec. 22, 2020, No. A158988) 2020 WL 7586811, at *1 Summary: Jason Brooks appealed  the denial of a petition seeking recall of his sentence pursuant to Penal Code section 1170.91. Brooks agreed to a stipulated term of years in a plea bargain 13 years…

Updated:

Court Of Appeal Finds Mentally Ill Defendant Received Ineffective Assistance of Counsel Comments on over-incarceration of mentally ilL

People V. O’Hearn (Cal. Ct. App., Nov. 9, 2020, No. A158676) 2020 WL 6556592, at *1–2 Patrick Sean O’Hearn appealed from the denial of his motion to vacate a guilty plea to charges of making a criminal threat. The Court of Appeal held that O’Hearn received ineffective assistance of counsel…

Updated:

Penal Code 1170.94 did not abolish implied malice for a DUI Murder

People v. Roldan (Cal. Ct. App., Oct. 30, 2020, No. B298570) 2020 WL 6375578, at *1 Summary: Marlon Roldan was convicted of second degree murder under an implied malice theory for killing a person while driving under the influence of alcohol (DUI). He filed a petition in the superior court…

Updated:

San Quentin Prison acted with deliberate indifference, failing to protect inmates from COVID-19

In re Von Staich (Cal. Ct. App., Oct. 20, 2020, No. A160122) 2020 WL 6144780, at *1–2 Petition claiming San Quentin does not adequately protect against COVID-19 infection  Ivan Von Staich, incarcerated at San Quentin State Prison,serving a sentence of 17 years to life for a second degree  murder consecutive…

Contact Us