Category Archives: Uncategorized

Thanks to a lovely listserv of dedicated attorneys I just learned about SB 775. SB 775 would expand SB 1437 to include attempted murder. It also would permit people convicted of voluntary manslaughter to petition for resentencing if they were prosecuted for murder on a now defunct theory. It’s one to watch folks!! 🙌🙏🤞👌

Yaaaas biatches!!! Using this case for my own Romero today. Love it. Check it.

In working on a prosecutorial misconduct argument today, I came across this lovely article by the legendary Chuck Sevilla called: “TRIVIALIZATION OF THE BURDEN OF PROOF BEYOND AREASONABLE DOUBT TO MERE REASONABLENESS: CENTENO ERRORS I HAVE SEEN.” Centeno is the lovely case where the Cal Supreme Court smacked down the bullshit puzzle analogy to proofContinue reading “Dear DAs…the evidence is “reasonable” is not the same thing as proof beyond a reasonable doubt”

Honestly i’m too tired to analyze beyond my perezhilton mark up. 4yo twins though. Here is my photo journalism of this amazing new case. Congrats to Kyle Gee for this well deserved victory! People v Collins, F076683, Feb 2, 2021. Out of the 5th!

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”

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”

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 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”

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.”