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In re Williams (Cal. Ct. App., Nov. 16, 2020, No. B303744) 2020 WL 6707335, at *1

Michael Williams was convicted by a jury of of two counts of first degree murder (Pen. Code, § 187, subd. (a))1 that he committed during a robbery when he was 21 years old. The jury found true the allegation that he personally used a firearm in the commission of the robbery (§ 12022.5, subd. (a)). It also found true the special circumstance allegations that he committed multiple murders (§ 190.2, subd. (a)(3)) and murder during the commission of robbery (§ 190.2, subd. (a)(17)). A court sentenced him to two consecutive terms of life without the possibility of parole (LWOP).

Summary: Williams, self-represented at the time, filed a petition for writ of habeas corpus on January 21, 2020. Williams asserted that the denial of a youth offender parole hearing under section 3051 violates his right to equal protection of the laws and constitutes cruel and unusual punishment. Under section 3051, subdivision (b), most inmates under age 26 at the time of their “controlling offense” become eligible for a youth offender parole hearing in their 15th, 20th, or 25th year of incarceration. The different statutory parole hearing dates depend on the offense. (§ 3051, subd. (b).) Section 3051, subdivision (h) is the exception to the rule. It excludes from youth offender parole hearings offenders, like petitioner, who are serving LWOP sentences for offenses committed “after the person had attained 18 years of age.”

Court discretion under 1170(d)

 Penal Code section 1170(d)(1) states: “The court resentencing under this paragraph may reduce a defendant’s term of imprisonment and modify the judgment, including a judgment entered after a plea agreement, if it is in the interest of justice.”  (Pen. Code, § 1170(d)(1))

Does the court’s authority to “modify the judgment” include reducing or dismissing charges?

The Berkeley City Council approved a measure that would create a new Department of Transportation and remove police from traffic stops. The use of unarmed public works officials to enforce traffic laws is aimed at reducing racial profiling and  law enforcement contacts that can escalate into violence, especially for Black drivers.

The Berkeley City Council measure removing  traffic from law enforcement is the first of its kind in the U.S. and is likely to be emulated as other cities adopt public safety reforms following the death of George Floyd in May.

Studies have shown Black motorists are much more likely to be stopped by police than whites for minor traffic infractions that turn fatal. For example,  Philando Castile, 32, was shot and killed after he was pulled over for a busted tail light during a traffic stop in 2016 in Minnesota. Sandra Bland, 28, died in a jail cell three days after being stopped for failing to signal when changing lanes in Texas in 2015.

The People, Plaintiff and Appellant, v. Lula Sophia Gong Cotsirilos et al., Defendants and Respondents., 2020 WL 3396240 (Cal.App. 4 Dist.) (Cal.App. 4 Dist., 2020)

Summary:

Two defendants cited for underage alcohol infractions filed a motion  to suppress the evidence. The prosecution did not file an opposition or appear at the suppression hearing but did subpoena the two investigating officers. The superior court granted the suppression motions based solely on the People’s failure to respond or appear. The appellate division of the superior court agreed, concluding that while no written opposition was required, the People’s failure to respond or appear compelled suppression.

People v. Hughes, 2020 WL 3071948 (Cal.App. 4 Dist., E069445; Filed 06/10/2020)

Facts:

After drinking, Michael Dwayne Hughes hit a PT Cruiser whose driver failed to yield to him, killing the driver and her two children, who were passengers. Hughes, who had a prior conviction for driving under the influence, was charged with three counts of murder, on the theory he knew the risk of driving while intoxicated but drove anyway.

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