In re Nguyen (Cal. Ct. App., Nov. 27, 2024, No. B329158) 2024 WL 4901809, at *1 Summary: Nguyen was sentenced to an indeterminate prison term with the possibility of parole. Penal Code section 3046 establishes a minimum eligible parole date (MEPD) for when that hearing will occur. Additionally, because Nguyen…
Articles Posted in Prison Law
Misuse of tablets issued to CDCR inmates is not computer fraud or grounds to deny access to computers
In re JOSE OLIVERAS on Habeas Corpus (Cal. Ct. App., Aug. 2, 2024, No. A168677) 2024 WL 3633748 Summary:Oliveras challenged a disciplinary report revoking his computer access and making him ineligible for computer-access-required work assignments or programming because of being found with contraband pornographic images on a tablet device. The…
Court has no authority to release person on lifetime parole to probation on plea bargain
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; ROBERT L. ESCOBEDO, Real Party in Interest. (Cal. Ct. App., Aug. 25, 2023, No. A166559) 2023 WL 5498785 Summary: Escobedo was placed on felony probation pursuant to a plea bargain. The superior court permitted the…
District Attorney Lacks Standing to Challenge SB 394 Parole Hearings for 16 or 17 year-olds Sentenced to LWOP
The PEOPLE, et al., Plaintiffs and Respondents, v.BOARD OF PAROLE HEARINGS, Defendant and Appellant; Nathan Joshua Ramazzini, Real Party in Interest and Appellant. C093941,Filed September 15, 2022 2022 WL 4244262 (Cal.App. 3 Dist.) Summary: in 1997, Ramazzini was convicted of a first degree murder with a special circumstance he committed…
Parole cannot be shortened due to excess incarceration
In re Palmer (2021) 10 Cal.5th 959 In re Lira (2014) 58 Cal.4th 573 Issue: Can a parole period be shifted due to excessive incarceration? Facts: Palmer, who had been convicted of aggravated kidnapping committed when he was a juvenile and sentenced to indeterminate life sentence, served 30 years and…
SB 483 retroactively makes enhancements for prior prison terms and some drug enhancements invalid
Senate Bill No. 483, effective January 1, 2022, makes changes to the law that invalidated enhancements for prior prison terms and certain drug enhancements retroactive. The Bill retroactively applies Senate Bill 180 and Senate Bill 136 to all persons currently serving a prison for these repealed sentence enhancements. Senate Bill…
Prison Officials Must Accept Summons by Prisoner in Personal Injury Lawsuit against Another Prisoner
RICHARD J. CRANE, Plaintiff and Appellant, v. JOSEPH CLAY DOLIHITE, Defendant and Respondent. (Cal. Ct. App., Oct. 22, 2021, No. F079877) 2021 WL 4929340, at *1 Summary: Crane, a prisoner representing himself, appealed from the dismissal of his personal injury action against an inmate who stabbed him in the neck…
Court may review a prison disciplinary violation in habeas as long as it can provide meaningful relief
In re Marti (Cal. Ct. App., Sept. 3, 2021, No. C093153) 2021 WL 4452824, at *1 Summary: CDCR Prisoner Marti filed a petition for writ of habeas corpus challenging the decision finding him guilty of a prison disciplinary violation for possession of excess property made by the warden of Mule…