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California Court of Appeal: Trial Court Abused Discretion by Denying Romero Motion and Life Sentence for Attempted Robbery Is Cruel and Unusual Under State Constitution

Loaded on Feb. 15, 2021 by Douglas Ankney published in Criminal Legal News March, 2021, page 24
Location: California.

by Douglas Ankney

The Court of Appeal of California, Second Appellate District, held that a trial court abused its discretion by denying Rene Avila’s motion to strike prior convictions pursuant to People v. Superior Court (Romero), 917 P.2d 628 (Cal. 1996), (“Romero Motion”). The Court further held ...

 

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More from this issue:

  1. Qualified Immunity - A Legal, Practical, and Moral Failure, by Jay Schweikert
  2. Ninth Circuit Reverses Dismissal of Suit Challenging Idaho’s Sex Offender Registration Law, by Douglas Ankney
  3. Column: Raising Successful Federal Habeas Corpus Claims, by Dale Chappell
  4. Tenth Circuit Vacates Enhancement for Prior Crime of Violence Because it Wasn’t Independently Eligible to Receive Criminal History Points, by Anthony Accurso
  5. California Court of Appeal: Trial Court Abused Discretion by Denying Romero Motion and Life Sentence for Attempted Robbery Is Cruel and Unusual Under State Constitution, by Douglas Ankney
  6. Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government, by Matthew Clarke
  7. California Court of Appeal: Counsel Ineffective for Failure to Investigate Mental Health History, by Douglas Ankney
  8. Seventh Circuit Joins Other Circuits Holding Any Crack Cocaine Offense Under § 841 Qualifies for First Step Act Relief, by Dale Chappell
  9. Michigan Supreme Court: Police Must Limit Search of Cellphone Data to Uncovering Evidence of the Criminal Activity Alleged in Warrant, by Douglas Ankney
  10. Fifth Circuit: No Qualified Immunity When Police Fatally Beat Unresisting Man Suffering Mental Health Crisis, by Matthew Clarke
  11. North Carolina Supreme Court: Superior Court Abused Discretion by Flatly Prohibiting Questions on Racial Bias During Voir Dire, by Douglas Ankney
  12. Texas Court of Criminal Appeals: Witness Testifying Remotely Via Two-Way Video Without Sufficient Reason Violates Confrontation Clause, by Douglas Ankney
  13. Fifth Circuit: District Court Cannot Delegate to Probation Officer Authority to Impose Inpatient Treatment, by Douglas Ankney
  14. Kansas Supreme Court: Wrong Standard Used in Review of Plea Withdrawal Motion Requires Remand, by David Reutter
  15. Indiana Supreme Court: Speedy Trial Right Violated After 6.5 Years Without Retrial, by Anthony Accurso
  16. Raid on Data Scientist’s Home Underscores Outdated Technology Laws and Unjustifiable Police Use of Force, by Anthony Accurso
  17. Nevada Supreme Court: Defendant Has Right to Withdraw Plea Where He Wasn’t Informed of Range of Possible Punishments, by Douglas Ankney
  18. Voters Speak: Dump Tough-On-Crime Prosecutors, Boost Police Oversight, by Dale Chappell
  19. Texas Supreme Court Announces Factual-Sufficiency Standard of Review in SVP Determinations, by Douglas Ankney
  20. Ohio Supreme Court: ‘Avoid Impregnating a Woman’ as Probation Condition for Failing to Pay Child Support Unreasonable, by Dale Chappell
  21. California Court of Appeal: SB 136 Makes Plea Agreement Containing Prior Prison Enhancement Unenforceable, by Douglas Ankney
  22. ACLU Spotlights FBI’s Encryption-Breaking Tool in Freedom of Information Suit, by Derek Gilna
  23. North Carolina Supreme Court: Testimony That Improperly Bolstered Victim’s Credibility Was Plain Error, by Douglas Ankney
  24. Second Circuit Clarifies What Constitutes ‘Possession of a Dangerous Weapon’ and ‘Physical Restraint’ Under the Guidelines, by Dale Chappell
  25. Ohio Supreme Court: Jury Must Find Use of Force, Not Sentencing Court, for Mandatory Minimum Sentences, by Anthony Accurso
  26. San Francisco Forensic Analyst’s Arrest on Drug Charges Exposes Flawed Lab, by Derek Gilna
  27. Montana Supreme Court: Five-Year Delay Violates Speedy Trial and Is Presumptively Prejudicial, by Douglas Ankney
  28. SCOTUS: RFRA’s ‘Appropriate Damages’ Includes Monetary Awards, by Douglas Ankney
  29. First Circuit Joins Sister Circuits Holding Hobbs Act Robbery Conspiracy not Crime of Violence for 924(c), by Dale Chappell
  30. Fatal Shootings by Police Rarely Prosecuted, by Jayson Hawkins
  31. Misinformation and the Carceral State, by Jayson Hawkins
  32. Massachusetts Supreme Judicial Court Announces Blood Alcohol Test Results From Blood Drawn Under Court Order but Without Consent Is Inadmissible, by Matthew Clarke
  33. A 22-Year-Long Path to Justice, by Jayson Hawkins
  34. Police Departments Buying Teslas, by Anthony Accurso
  35. Mens Rea: Criminal Liability Should Equal Criminal Intent, by Casey Bastian
  36. First Circuit: Rehaif Error Rendered Guilty Plea Invalid, by Dale Chappell
  37. Walter Forbes of Michigan Exonerated After 37 Years in Prison, by Kevin Bliss
  38. The Need for Legislation Governing Police Use of Robots, by Douglas Ankney
  39. News in Brief

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The Habeas Citebook: Prosecutorial Misconduct Side
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