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…
Continue reading ›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…
Continue reading ›A Franklin hearing is a procedural mechanism that allows a person convicted of a serious crime to present evidence of their youthfulness, not to excuse their actions but to put them into context. Franklin hearings arose out of a 2016 case involving a 16-year-old boy who shot and killed another teenager. At trial, Tyris Lamar…
Continue reading ›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…
Continue reading ›Earlier this year, Assembly Member Alex Lee (D-San Jose) introduced AB 1509, named the Anti-Racism Sentencing Reform Act. How Do Sentencing Enhancements Work? A sentencing enhancement is an increase in the maximum allowable punishment that is based on a certain fact. In the case of gun-sentencing enhancements, a person convicted of certain crimes will face…
Continue reading ›The Armed Career Criminals Act (ACCA, the “Act”) is a federal law that provides mandatory sentences for those convicted of possessing a gun after having previously been convicted of a violent felony offense. The ACCA was passed back in 1984, when gun violence was plaguing the country. Federal prosecutors in California regularly use the ACCA…
Continue reading ›Earlier this year, the California Supreme Court reversed the death sentence Scott Peterson received after being convicted for the 2002 murder of his wife and unborn child. In more recent news, the state’s high court ordered a trial judge to review the merits of one of Peterson’s post-conviction claims. Specifically, the high court was concerned…
Continue reading ›Last month, a state appellate court issued a written opinion in a California homicide case discussing the defendant’s challenge to the lower court’s decision not to admit certain evidence pertaining to the victim. Ultimately, the court agreed with the defendant, reversing his conviction for murder in the second degree. In any California criminal trial, one…
Continue reading ›Earlier this month, the state’s high court overturned the 2004 death sentence for Scott Peterson, for the murder of his wife, Laci Peterson. Back in 2002, Laci Peterson, seven months pregnant at the time, went missing on Christmas Eve. A few months later, her body washed ashore near Berkeley, California. A short time later, Scott…
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