huge win today!!! 2nd Dist held that govt can’t exclude one-strikers from youth offender parole if they otherwise qualify!

!!!!!!!!!!!!!!!I’m not crying, you’re crying. In re Woods (Apr. 2, 2021, B301891)

(appellate lawyer Jennifer Peabody)

We agree with Woods that section 3051, subdivision (h),
which excludes One Strike offenders from the procedures for youth
offender parole hearings, violates his right to equal protection of the
laws because such procedures are generally available to similarly
situated offenders and no rational basis exists to deny them to
One Strike offenders. He is therefore entitled to a youth offender
parole hearing during his 25th year of incarceration.

Presumably also will apply or help us argue it should apply to people excluded for other reasons (e.g. 2nd, 3rd strike.)

I’m so so so happy about this.

Published by Jenny Brandt

About Me: sociology, african american studies, chicano/a studies, critical race studies, and criminal law scholar. public school kid from kindergarten-J.D. Former public defender. I am a post-conviction guru. Appeals. Sentencing. Withdraw Pleas. Habeas. Published author in the Criminal Law Bulletin and California Defender. "I do it for the joy it brings, because I'm a joyful girl, because the world owes me nothing, and we owe each other the world." Why I started JJC: My PD buddy suggested it. What and who JJC is inspired by: public defenders I have worked for, with, and next to. my clients who have battled things no one should and are still here. innocence and guilt and everything in between. My coworkers, who fight just as hard as the PDs I love, for many of the same reasons. My husband who was once voted "most Christ like" (every Jewish girl's dream). My Corgi who loves everyone. The constitution. Tabloids. My mom, for giving me a voice. My dad, for teaching me what to say. My brother, for teaching me how to say it.

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