The constitutional right against double jeopardy is often misunderstood and can be violated in ways that one may not immediately recognize. This article seeks to clarify this constitutional prohibition and provided examples of its violation. To read this short article, please click on the following link – The Double Jeopardy Defense and Examples of Its Use
Federal Habeas Filing Deadline & Equitable Tolling
Equitable tolling to the deadline, or extending the deadline, for filing a petition for a writ of habeas corpus in federal court can arise due to extraordinary circumstances despite defendant’s diligence in seeking to meeting his deadline, of which this article gives examples recognized as legitimate extraordinary circumstances recognized by federal courts. To read more about such examples, please click on the following link – Federal Habeas Filing Deadline & Equitable Tolling
What Are the Deadlines for Filing a Federal Habeas?
Generally speaking, one has one year to file a petition for a writ of habeas corpus in federal court after the California Supreme Court denies relief, however, there are many caveats and extensions to this deadline, so read this article to fully understand this important deadline – What Are the Deadlines for Filing a Federal Habeas?
Federal Habeas and Actual Innocence Standard
If one is asserting actual innocence in a federal petition for a writ of habeas corpus based on new evidence, the new evidence must demonstrate facts that “if proven and viewed in the light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder could have found the applicant guilty.” To read a short article summarizing a recent Ninth Circuit ruling on this issue, please click on the following link – Federal Habeas and Actual Innocence Standard
AB 333 & Showing Pattern of Criminal Activity, Nexus
Assembly Bill (AB) 333’s amendments to Penal Code § 186.22 requires the prosecution to show a nexus between the two predicate offenses to a gang as an organized, collective enterprise and not just that there were two prior offenses by gang members. To read a summary of a recent California Supreme Court case where this was decided, please click on the following link – AB 333 & Showing Pattern of Criminal Activity, Nexus
Filing a Federal Habeas Despite No State Exhaustion?
There are five ways a person can properly seek federal habeas corpus relief even if a state court has denied relief on procedural grounds, rather than on the merits of the state court habeas claim. This article explains those five ways this can still be done. To read about these five ways, please click on the following link – Filing a Federal Habeas Despite No State Exhaustion?
When Can a Judge Terminate Mental Health Diversion?
A judge may terminate a defendant from mental health diversion when defendant’s conduct while on such diversion demonstrates he or she poses a danger to society or no longer consents to treatment. To read a summary of a recent published decision wherein a Van Nuys judge was affirmed for terminating mental health diversion, please click on the following link – When Can a Judge Terminate Mental Health Diversion?
Federal Habeas – What if State Won’t Exhaust a Claim?
If a state court fails to resolve a petition for a writ of habeas corpus on the issues and instead rules on dispositive procedural grounds, i.e., a service issue, then a federal court hearing the same habeas petition cannot rule on the petition and petitioner must request to resolve the procedural issue so that the state court can address the merits before he or she proceeds to federal court. However, often it is unclear if procedural grounds were dispositive. To read an article that addresses this issue, please click on the following link – Federal Habeas – What if State Won’t Exhaust a Claim?
When Can Judge Order Medicine be Given by Force?
A judge may order than medicine (often antipsychotic medication) be administered involuntarily (by force if necessary) when the individual refuses to take the medicine and the person lacks the capacity to make decisions regarding the medications and that he or she presents a danger to society. To read more about this situation, please click on the following link – When Can Judge Order Medicine be Given by Force?
What a Federal Court Does to Unexhausted State Claims
When a person files a “mixed” federal petition for a writ of habeas corpus that includes some exhausted claims and some unexhausted state court claims, the federal court must give the petitioner the choice of either amending the petition to proceed on only the exhausted claims or having the petition dismissed so that the petitioner may return to state court to exhaust all the state court claims. How does one filing a federal claim request this? What then happens? To find out more information on this situation, please click on the following link – What a Federal Court Does to Unexhausted State Claims
