Commutation Denied Because Proceedings Not Arbitrary

Commutation request of execution denied because the hearing on petitioner’s commutation request was not arbitrary or unfair, as petitioner claimed, and not a due process violation, specifically a prosecutor’s erroneous description of evidence was a harmless error because even if the error was not committed, the jury would have still found defendant guilty and he still would have been sentenced to death, particularly in light of defendant’s extensive criminal history. To read more about this ruling, please click on the following link – Commutation Denied Because Proceedings Not Arbitrary

What Must be Stated in a Writ of Mandate / Mandamus?

A petition for a writ of mandate, also called a petition for a writ of mandamus, must contain a minimum of at least seven things to properly assert a claim for relief. Such things are similar to what is required in a petition for a writ of habeas corpus. To read what these things are, please click on the following link to read a short article setting for these things – What Must be Stated in a Writ of Mandate / Mandamus?

What is a Plea Under People v. Palmer? Why Do It?

A plea entered under People v. Palmer is a plea entered into without stipulation to specific facts or circumstances upon which the plea is based to protect the defendant from collateral consequences such as adverse immigration or licensing consequences, similar to a plea under People v West. To read more about a plea under People v. Palmer, please click on the following link – What is a Plea Under People v. Palmer? Why Do It?

Examples of a Writ of Mandate / Mandamus

A petition for a writ of mandate, also called a petition for a writ of mandamus, is an appropriate method for requesting that a judge issue an order for a wide variety of relief. Such relief can be that the CDCR or a judge perform some legal duty or obligation. However, it would be wise to find a prior published ruling that ordered such relief for the same duty or obligation, so read the following article to find such an example – Examples of a Writ of Mandate / Mandamus

Can State Court Have Jurisdiction Over VA Fraud Case?

A state court action for fraud and other state-court crimes, when the victim is the Veterans Administration, is not federally pre-empted. The criminal case can proceed in state criminal court. To read more about this case, please click on the following link – Can State Court Have Jurisdiction Over VA Fraud Case?

What is a State Petition for a Writ of Mandate?

A state petition for a writ of mandate, also called a writ of mandamus, is limited to a very narrow set of uses. It is important to know when such a writ is proper (and improper). To better understand its uses and how it should be brought, please click on the following link to read a short article addressing this – What is a State Petition for a Writ of Mandate?

CRJA – Judge Ignored Police Officer’s Implicit Bias

A violation of the California Racial Justice Act does not require intentional or purposeful bias. Such bias can be implicit, as here, where a police officer did not know defendant’s race, but pulled over the motorist because he was driving while wearing a hoodie, as was commonly worn by African Americans. To read a short article about the ruling at issue, please click on the following link – CRJA – Judge Ignored Police Officer’s Implicit Bias

If a State Court Habeas is Denied, How to Seek Review

Since an appeal of an order denying habeas relief is not allowed, one has to follow different procedures for challenging such a ruling. However, it is simple: just file a new petition for a writ of habeas corpus in the court of appeal, but do so promptly to preserve one’s rights to federal habeas relief, if needed. As to what should be included in such a new petition, read this article – If a State Court Habeas is Denied, How to Seek Review

Motion to Suppress Granted Based on Unlawful Detention

An unlawful detention exists when police find a man parked outside a parolee’s house and then place the police car, with its lights on, behind the suspect’s car and then surround the car with flashlights on and aimed at the parked driver. Police then open the parked car’s doors and search the car. To read more about this interesting case, please click on the following link – Motion to Suppress Granted Based on Unlawful Detention

Before Filing Habeas, Exhaust Administrative Remedies

A person in custody, including on parole or probation, must exhaust administrative remedies if he or she seeks to be free of certain prison or parole conditions, prison or parole policies, or actions taken by prison or parole staff. This requirement does not apply to habeas petitions challenging convictions or sentences, or civil commitments. To read more about exhausting administrative remedies, usually by filing a Form 602, please click on the following link – Before Filing Habeas, Exhaust Administrative Remedies