Skip navigation
Criminal Legal News
The Habeas Citebook: Prosecutorial Misconduct - Header
× You've used up your 3 free articles for this month. Subscribe today.

California Court of Appeal: Trial Court Erred by Concluding Senate Bill 1393 Does Not Apply to Cases Already Final on Appeal

Loaded on April 15, 2023 by Douglas Ankney published in Criminal Legal News May, 2023, page 32
Filed under: Retroactivity. Location: California.

by Douglas Ankney

The Court of Appeal of California, Sixth Appellate District, held that the trial court erred by denying recall of a prisoner’s sentence on the erroneous premise that Senate Bill 1393 (“SB 1393”) does not apply to cases already final on appeal, and the Court further held that ...

 

Full article and associated cases available to subscribers.

As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

More from this issue:

  1. The Business of Dying: Coroners, Medical Examiners, and the Crisis of Death Investigations in the United States, by Benjamin Tschirhart
  2. Wisconsin Supreme Court: Riding Same Make of Motorcycle as Reported by Police Speeding and Driving Erratically Does Not Constitute Reasonable Suspicion to Initiate Traffic Stop, by Anthony Accurso
  3. Fifth Circuit Announces Altered Serial Number Enhancement Does Not Apply Where Gun Never Had Serial Number, by Richard Resch
  4. Police Killings Reach Record High – But Also Lower than Ever Before, by Benjamin Tschirhart
  5. Computing Fear in Black and Brown Communities, by Michael Thompson
  6. How Junk Science Helped Kill Tyre Nichols, by Eike Blohm, MD
  7. Ohio Supreme Court Holds Termination of Community Control Is Final Discharge for Purposes of Sealing Records and Terminates Unsatisfied Condition to Pay Child-Support Arrearages, by Matthew Clarke
  8. Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosing Between ‘Big House or the Nut House’, by Mark Wilson
  9. First Circuit Vacates Sentence Containing 20-Year Upward Variance Because District Court Failed to Provide Case-Specific Factors or Rationale for Such a Large Variance, by Richard Resch
  10. Idaho Supreme Court: Drug-Detection Dog Conducted Warrantless Search by Placing Paws on Exterior of Vehicle to Sniff for Drugs, by Richard Resch
  11. Vermont Supreme Court Announces ‘Pinging’ Cellphone to Obtain Real-Time CSLI Constitutes a Search Requiring a Warrant or Recognized Exception, by Richard Resch
  12. Georgia Supreme Court: Trial Courts Are Bound to Follow Precedent of Court of Appeals, by Harold Hempstead
  13. A Brief History of K-9 Units in Law Enforcement, by Kevin Bliss
  14. Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, by Dale Chappell
  15. New York State’s Veterans Treatment Courts, by Edward Lyon
  16. Police Violence Ignored When It Fails to Support the Media’s Ideological Bias, by Richard Resch, Benjamin Tschirhart
  17. Arizona Wants to TRAC Your Financial Transactions, by Michael Thompson
  18. How Minneapolis Uses Controversial Technology to Spy on Its Citizens, by Michael Thompson
  19. Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea, by Mark Wilson
  20. California Court of Appeal: Trial Court Erred by Concluding Senate Bill 1393 Does Not Apply to Cases Already Final on Appeal, by Douglas Ankney
  21. The FBI Used an Undercover Cop With Pink Hair to Spy on Activists and Manufacture Crimes, by Trevor Aaronson
  22. Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial, by Mark Wilson
  23. Ohio Supreme Court Clarifies Meaning of ‘Outcome Determinative’ in Context of Motion for Postconviction DNA Testing, by Douglas Ankney
  24. Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion, by Douglas Ankney
  25. Tenth Circuit Deepens Circuit Split on Whether District Courts May Consider ‘Retribution’ in Deciding Whether to Revoke Supervised Release, Ruling It Is an Impermissible Factor to Consider, by Richard Resch
  26. Supervised Release and the Erosion of Due Process Protection, by Benjamin Tschirhart
  27. Houston Prosecutors Profit Millions From Cash Illegally Seized, by Jacob Barrett
  28. California Supreme Court Announces Government’s Continuing Brady Obligations and Ethical Duty of Disclosure During Habeas Proceedings Regarding Alleged Exculpatory Evidence Available at Time of Trial but Suppressed, by Richard Resch
  29. Beware of Smart Devices That Infringe on Your Privacy, by Casey Bastian
  30. News in Brief
  31. California Court Rejects Geofence Warrant, by Anthony Accurso

More from Douglas Ankney:

More from these topics:

 

 

Stop Prison Profiteering Campaign Ad 2
Advertise Here 3rd Ad
CLN Subscribe Now Ad 450x600