When Can a Judge Admit a Prior Conviction to Impeach?

As one can imagine, a judge may not admit just any prior conviction for possible impeachment, or else our courts would disintegrate into the chaos of a Jerry Springer show. To prevent this type of atmosphere and preserve the integrity of our justice system, a judge will limit the type of prior convictions that may be introduced for impeachment of a witness. What are those limits? To read about this, click on the following link.



What Are Some Examples of Crimes Involving Moral Turpitude?

What is a crime of moral turpitude? Must it involve conduct that is dishonest? Must it involve a felony? For a listing of 36 crimes (with the supported authority) that have been classified as crimes involving moral turpitude, click on the following link.



Is a Two-Tiered Parole Evaluation Method Valid?

What is a two-tiered parole evaluation method? Is is valid under Proposition 57 and its provision for consideration of qualified prisoners who complete the primary term of a nonviolent offense? May the CDCR follow a two-step, or two-tiered, method to determining if someone is eligible for early parole consideration? To read about this controversial method and a judge’s decision on whether it is proper, click on the following link.



May a Judge Grant an 851.8 Petition After a Conviction?

If a conviction is ultimately “expunged” under Penal Code § 1203.4, may one then go back to court to request sealing and destruction of the record under a petition for factual innocence, also known as a petition for factual innocence? The answer to this question is no, but the reasoning behind it is worth a deeper look, as it helps one understand 851.8 much better. To read about a summary about the reported decision, please click on the following link.



What Is Early Parole Eligibility Based on under Prop 57?

There is an enormous amount of misunderstanding about how Proposition 57 effects someone in prison, we believe, because most people don not take the time to simply read Penal Code § 32(a)(1) about it. Certain individuals indeed will enjoy early eligibility for parole consideration under Prop 57 once they complete serving time on the primary offense. What is the primary offense? To read more about this provision, please click on the following link.



Does SB 1393 Apply Retroactively for 5 Year Enhancements?

The answer to the question posed in the title to this post is yes if the judgement is not final, but no if the judgment is final. Whether a judgement is final, however, is not something most lay people (or many lawyers) can evaluate easily. When is a judgment considered final? When does an appeal period end or when is no further appeal available? To read more about this bill and the issues concerning a final judgment, please click on the following link.


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What Crimes Are Strikes under the Three Strikes Law?

There are twenty-three violent crimes, forty-two serious crimes and three other crimes, under specific circumstances, that are considered “Strikes” under California’s Three Strikes Law. It merits mention that many of the specified violent crimes (murder, mayhem, rape, sodomy, to name a few) are both violent and serious crimes. What is the list of such crimes? To view this list, click on the following link.