Articles Posted in Life Without the Possibility of Parole

Published on: | by

California’s felony sentencing guidelines are established by the California Penal Code and the California Rules of Court.

  • The California Penal Code (Section 1170) sets forth the basic framework for felony sentencing in the state, including the three strikes law, determinate sentencing, and alternative sentencing options such as drug treatment programs and community service.
  • The California Rules of Court (Rule 4.408) provides more detailed information on the sentencing process, including the procedures for imposing and challenging a sentence, the calculation of good conduct credits, and the rules governing parole and probation.
Continue Reading ›

Published on: | by
App-Court-Finding-for-Barhoma-1-232x300

California Court of Appeals rules for Power Trial Lawyers client after the firm successfully brought a Writ of Habeas Corpus. The Appellate Court remnded the case back to the Superior Court for an evidentiary hearing.

Power Trial Lawyers, P.C. successfully argued a client’s case in the California Appellate Court, Second District, forcing the case back to the Los Angeles County Superior Court for an evidentiary hearing.

On December 1, 2022, after nearly 20 months of review, the California Appellate Court, Second District issued an order in a Power Trial Lawyers, P.C., case that involved a client who was deprived of their right to effective counsel. Even worse, at the trial level, the Client’s former attorney did not properly object to the admission of contents of the client’s cell phone that was obtained from a warrantless search pursuant to Penal Code § 1538.5 and Riley v. California (2014) 573 U.S. 373. 

Continue Reading ›

Published on: | by

On August 8, 2022, the California Supreme Court decided a long-awaited case that affects SB 1437 Petitions for individuals convicted of Special Circumstance Murder when they ruled in the case of People v. Christopher Strong. Specifically, the Supreme Court ruled that some special circumstance findings do not automatically preclude defendants from SB 1437 relief.

Background Regarding SB 1437

dreamstime_xl_15103637-750x422-1-300x169In 2019, SB 1437 was enacted, amending Penal Code § 188 and § 189 and creating Penal Code § 1170.95. Pursuant to SB 1437, accomplice liability for felony murder and murder by way of the natural and probable consequence doctrine was substantially changed, allowing individuals convicted to seek to vacate their murder convictions and obtain resentencing relief. Resentencing is available for individuals convicted of murder, attempted murder, and/or manslaughter if they demonstrate:

Continue Reading ›

Published on: | by

Another Power Trial Lawyers, P.C. Client is spared from his sentence, when Governor Newsom granted his Application for Commutation of Sentence. His family and friends were elated to hear that the Power Trial Lawyers, P.C. client was sparred from his Life Without the Possibility of Parole sentence. Power Trial Lawyers, P.C. represented the client through the Clemency process, where we advocated for his rights before the Parole Board.

https://www.powertriallawyers.com/blog/wp-content/uploads/2022/07/Jose-Garcia-Commutation-SIGN-GAV.-NEWSOM-182x300.jpg

In granting the Application for Commutation of Sentence, Governor Newsom indicated the following about Power Trial Lawyers, P.C.’s client:

In 1986, Jose Garcia and his crime partners kidnapped two victims who owed them money, held them for ransom, and beat them. On April 26, 1988, the Superior Court of California, County of Los Angeles, sentenced Mr. Garcia to life without the possibility of parole for kidnapping for ransom, five years for kidnapping, plus four years of sentence enhancements.

Continue Reading ›

Published on: | by

California Criminal Appeals Lawyer Comments on Recent Criminal Justice Headlines

Recently, Attorney Matthew Barhoma, appeared on Court TV to discuss several of the nation’s highest-profile criminal cases.

 Ahmaud Arbery

Continue Reading ›

Published on: | by

The writ of habeas corpus, or the “Great Writ” as it is also known, is a powerful tool. The writ of habeas corpus calls for the review of an individual’s incarceration, requiring the government to justify why it is holding someone in custody. When properly used, a writ of habeas corpus can compel the release of an inmate. However, as powerful as the Great Writ is, it is also commonly misunderstood. These misunderstandings can often result in inmates improperly filing for habeas relief, possibly risking proper review in the future. In the post, leading California criminal appeals lawyer explains: (1) what a Writ of Habeas Corpus is; (2) the differences between state and federal writs of Habeas Corpus, and (3) the requirements of Exhausting your state legal remedies.

What Is a Writ of Habeas Corpus?

Simply put, a writ of habeas corpus calls into question the continued incarceration of an individual. Thus, aside from direct appeal relief, a petition for writ of habeas corpus is another important way for inmates to challenge their conviction or sentence. However, unlike an appeal, a writ of habeas corpus does not give a petitioner the chance to relitigate their case. Writs of habeas corpus are limited to situations in which someone is incarcerated due to an incorrect application of law or newly present circumstances justifying their release.

Continue Reading ›

Published on: | by

Governor Gavin Newsom recommends for Commutation the Application of a Power Trial Lawyers, P.C. Client who spent nearly three decades behind bars.

Power Trial Lawyers, P.C. receives the Commutation Recommendation from Governor Gavin Newsom’s office. The Power Trial Lawyers, P.C. client may soon be walking free. Historically, Governors will wait and issue a number of Commutations and other Pardons at the end of their term. However, Governor Newsom has elected to issue commutations more periodically. And in making these issuance, he has recieved and reviewed the Commutation Application of a deserving Power Trial Lawyers Client and has recommended his sentence to be commuted.

Traditionally, the Governor’s office has free reign and control to commute sentences in any way they deem fit. One thing the Governor’s office can do is recommend a sentence for commutation by sending the case, alongside the commutation recommendation, to the office of the Parole Board, who will put together a review and hold a hearing. Once that’s completed successfully, it will be sent back to the Governor’s office for final commutation. This particular Power Trial Lawyers client may soon be walking free after nearly 30 years of incarceration.

Continue Reading ›

Published on: | by

Recently, the United States Supreme Court issued an opinion in the case of Jones v. Mississippi. The case required the Court to determine the proper procedure that a court must follow when sentencing a juvenile offender to life in prison without the possibility of parole.

Historically, juveniles were frequently charged as adults. It wasn’t until relatively recently that the juvenile justice system came into existence. The juvenile justice system has a primary focus on rehabilitation. Minors can also “age out” of the juvenile justice system, limiting the length of time they are subject to incarceration or supervision. Thus, whenever possible, juveniles benefit from staying in the juvenile justice system.

For the most part, juveniles who are charged as adults face the same punishments that adults do. There are two important exceptions: the death penalty and life in prison without the possibility of parole (JLWOP). In recent years, the U.S. Supreme Court has held that juveniles cannot be sentenced to death. Subsequently, the Court determined that, while juveniles can be sentenced to life in prison without the possibility of parole, a trial court must follow strict procedures that allow proper consideration of the defendant’s age.

Continue Reading ›
Justia Lawyer Rating
LACBA
AVVO
State Bar of California
The National Trial Lawyers Top 40 under 40
The National Trial Lawyers, Top 100 trial lawyers
Best Lawyers
Lawyers of Distinction
Super Lawyers
Super Lawyers Rising Stars
Contact Information
811 Wilshire Blvd 17th Floor
Los Angeles, CA 90017
Phone: (213) 800-7664
695 Town Center Dr #1200
Costa Mesa, CA 92626
Phone: (213) 800-7664
We serve clients throughout California, including, but not limited to, those in the following localities: Los Angeles County including Alhambra, Baldwin Park, Bellflower, Burbank, Calabasas, Carson, Compton, Downey, East Los Angeles, El Monte, Glendale, Hawthorne, Inglewood, Lakewood, Lancaster, Long Beach, Los Angeles, Lynwood, Norwalk, Palmdale, Pasadena, Pomona, Santa Clarita, Santa Monica, South Gate, Torrance, West Covina, and Whittier. View More
Attorney Advertisement: Prior successes does not guarantee similar or like success on future matters.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2023, Power Trial Lawyers, P.C.
JUSTIA Law Firm Blog Design