Articles Posted in Uncategorized

People v. Lewis (Cal., July 26, 2021, No. S260598) 2021 WL 3137434, at *1

Summary: The California Supreme Court reviewed Senate Bill No. 1437 (Stats. 2018, ch. 1015; Senate Bill 1437) which eliminated natural and probable consequences liability for murder and limited the scope of the felony murder rule. (Pen. Code, §§ 188, subd. (a)(3), 189, subd. (e), as amended by Senate Bill 1437.) Senate Bill 1437 also added section 1170.95 to the Penal Code,1 which creates a procedure for convicted murderers who could not be convicted under the law as amended to retroactively seek relief.

In this case, the court decided two issues.

In re Palmer (2021) 10 Cal.5th 959

Summary: The California Supreme Court  held that prisoners may challenge their continued incarceration as constitutionally excessive when the Board repeatedly denies parole. The Court had granted review in the case of Palmer who in 1988, was 17 years old when he pleaded guilty to kidnapping for robbery and sentenced to life imprisonment with the possibility of parole, consecutive to a two-year term for use of a firearm.

Palmer was eligible for parole in 1995 but was repeatedly denied parole by the Board. Following his 10th denial, Palmer filed a petition for writ of habeas corpus. Palmer alleged that the 30 years he had already served on a life sentence for an aggravated kidnapping committed when he was a juvenile was constitutionally excessive. Before the Court of Appeal could adjudicate the habeas petition, the Board found him suitable for parole and ordered him released. The California Supreme Court agree with Court of Appeal that habeas corpus relief is available to inmates whose continued incarceration has become constitutionally excessive, but who have been denied release by the Board.

People v. Brugman (Cal. Ct. App., Mar. 30, 2021, No. D076658) 2021 WL 1186143

 Summary: Brugman was convicted of  assault with a deadly weapon was based on his act crashing his vehicle into the car being driven by His former girlfriend as she tried to enter the driveway to her mother’s apartment complex. The jury was required to find that Brugman was “aware of the facts that would lead a reasonable person to realize that a battery would directly, naturally and probably result from his conduct.” (Williams, supra, 26 Cal.4th at p. 788, 111 Cal.Rptr.2d 114, 29 P.3d 197.) The jury was instructed with CALCRIM No. 875 that to find Brugman’s vehicle constituted a deadly weapon, it was required to find that Brugman’s vehicle was “used in such a way that it [was] capable of causing and likely to cause death or great bodily injury.” (See People v. Perez (2018) 4 Cal.5th 1055, 1065, 232 Cal.Rptr.3d 51, 416 P.3d 42 [“a ‘deadly weapon’ under section 245, subdivision (a)(1) is ‘ “any object, instrument, or weapon which is used in such a manner as to be capable of producing and likely to produce, death or great bodily injury,” ’ ” and “cases have recognized a vehicle as a deadly weapon based on the manner it was used”].)

The Court of Appeal fling conviction for assault with a deadly weapon is supported by substantial evidence.

In The Supreme Court Of California

In Re Kenneth Humphrey On Habeas Corpus; S247278First Appellate District, Division Two A152056;San Francisco City And County Superior Court 17007715; March 25, 2021

In an unanimous decision, the California Supreme Court held that:“No person should lose the right to liberty simply because that person can’t afford to post bail.”  “The median bail amount in California ($50,000) is more than five times the median amount in the rest of the nation (less than $10,000).”

People v. Duchine (Cal. Ct. App., Feb. 9, 2021, No. A157980) 2021 WL 447105, at *1

Summary: John Allen Duchine was convicted of first degree murder in 1987. In 2019, he filed a petition for resentencing under Penal Code section 1170.95,1 [Senate Bill 1437 (S.B. 1437)] with a declaration asserting he was charged and convicted of first degree murder under a felony murder theory, but that he did not, with intent to kill, aid, abet or assist the actual killer in the commission of murder, and that he could not be convicted of first degree murder under the new murder statutes (amended sections 188 or 189). After appointing counsel for Duchine and reviewing briefs submitted by his counsel and the district attorney, the trial court denied the petition.

Duchine contends the trial court erred  by denying relief at the prima facie stage on the ground that there was substantial evidence from which a reasonable trier of fact could reach a guilty verdict of first degree murder by engaging in judicial fact-finding at the prima facie stage rather than holding an evidentiary hearing.

People v. Brooks (Cal. Ct. App., Dec. 22, 2020, No. A158988) 2020 WL 7586811, at *1

Summary: Jason Brooks appealed  the denial of a petition seeking recall of his sentence pursuant to Penal Code section 1170.91. Brooks agreed to a stipulated term of years in a plea bargain 13 years ago, and  sought recall of his sentence under section 1170.91, subdivision (b)(1), invoking an amendment to section 1170.91 enacted two years ago. The Court of Appeal upheld the summary denial of his petition.

Facts: