Justice Liu’s Concurrence and EPC violation with youth offender parole exclusions

Justice Liu issued a concurrence yesterday in a denial of a petition for review (People v Montelongo) on a very important equal protection issue relating to youth offender parole hearings: Concurring Statement by Justice Liu In 2013, the Legislature passed Senate Bill No. 260 (2013-2014 Reg. Sess.), which enacted Penal Code section 3051. (All undesignatedContinue reading “Justice Liu’s Concurrence and EPC violation with youth offender parole exclusions”

A tribute to my mentor, friend, and crimlaw LEGEND: Tom Nolan

My former boss, Tom Nolan of Nolan, Barton and Olmos (www.nbo.law) is celebrating his 50th year as a criminal defense attorney. Below is a congratulatory email sent from his firm.On a personal note, I’d like to say that Tom is an amazing person to work for and learn from. Believe it or not, I wasContinue reading “A tribute to my mentor, friend, and crimlaw LEGEND: Tom Nolan”

HUGE victory for lifers, parole, and cruel and unusual punishment

THANK GOODNESS. The California Supreme Court held today in In re Palmer (S256149) that a lifer’s sentence, while not cruel and unusual when imposed, can become cruel and unusual if the board continues to deny parole. Here, the petitioner was denied parole 10 times, w/a life sentence for a non-homicide crime committed as a juvenile.Continue reading “HUGE victory for lifers, parole, and cruel and unusual punishment”

DAs and courts skirting the new law: 1yr/2 yr probation max

DAs love to talk about “accountability” for violating the law but then when a new law comes out that is favorable to our clients, they ask us to have our clients agree to violate it. Meanwhile trial courts hate when the legislature removes their power over defendants and so they’re also not following the lawContinue reading “DAs and courts skirting the new law: 1yr/2 yr probation max”

Misstating the definition of proof beyond a reasonable doubt and the Beatles.

Anytime anywhere in any courthouse at any hour in any case at any moment ever, please object if the prosecutor or court gives an analogy to beyond a reasonable doubt. Any analogy. Like I don’t care if it’s right. Just a brightline rule: judges and DAs do not analogize to BRD on my watch. CurrentContinue reading “Misstating the definition of proof beyond a reasonable doubt and the Beatles.”