Two California Supreme Court justices have joined the debate against capital punishment. “California’s death penalty is an expensive and dysfunctional system that does not deliver justice or closure in a timely manner, if at all,” Justice Goodwin Liu wrote in a published opinion. The opinion upheld the death sentence of Thomas Potts, convicted of two murders in 1998. Liu’s opinion was cosigned by Justice Mariano-Florentino Cuellar, the San Francisco Chronicle reported March 28. Liu noted the California execution moratorium imposed … [Read more...] about Two California Supreme Court justices against capital punishment
California Supreme Court
California’s next governor faces executions
California’s next governor could be forced to make a life-or-death decision that the state’s top executive hasn’t faced in over a decade; whether to spare an inmate facing execution. There are nearly 750 people on death row at San Quentin State Prison, more than any other state, and decisions made by the next governor will help set the pace of executions going forward. Five of the top six top candidates oppose the death penalty. But few say they’d use the office’s commutation power to broadly move inmates from death row to life in … [Read more...] about California’s next governor faces executions
CA Supreme Court juvenile sentence cruel and unusual punishment
Sentencing a juvenile to 50-to-life for rape and kidnapping may be cruel and unusual punishment, according to a recent California Supreme Court decision. Defendants Leonel Contreras and William Rodriguez were convicted in a joint trial of kidnapping and sexual crimes they committed as 16-year-olds. Rodriguez was sentenced to a term of 50 years to life, and Contreras was sentenced to a term of 58 years to life. They were sentenced under California’s One Strike law for the rapes and therefore were not eligible for parole consideration under … [Read more...] about CA Supreme Court juvenile sentence cruel and unusual punishment
Lawyer says: ‘Get prepared for freedom’
The path to freedom is narrow for the men and women incarcerated in California’s prisons, Stanford law professor Mike Romano told an audience of about 150 inmates, on Jan. 19, in San Quentin’s Catholic Chapel. “I know it’s very difficult for Mike to come here and tell you these things,” said Kevin “Bilal” Chatman, who accompanied Romano with two of his staffers. “I had six life sentences and 150 years. I thought I’d never get out. I stayed in trouble. But then Prop. 36 passed in 2012, and I wanted to go home bad, so I changed my behavior to … [Read more...] about Lawyer says: ‘Get prepared for freedom’
Tough choice of taking a plea deal to be with his family
After 19 years of claiming his innocence, Guy Miles finally got his 75-years-to life robbery conviction overturned. Miles accepted a plea deal instead of going back to trial, so he can be immediately released and be with his ailing parents. “It was an impossible decision to make,” said attorney Alissa Bjerkhoel, the litigation coordinator for the California Innocence Project, who fought to bring Miles home. “He’s been fighting for his innocence for almost 20 years. You have to weigh that against how much time you have left with family. At the … [Read more...] about Tough choice of taking a plea deal to be with his family
Death penalty ballot fails to impose strict inmate appellate deadlines
A key provision in last year’s death penalty ballot initiative to speed up executions failed to impose strict deadlines on how much time is allowed to resolve an appeal filed by an inmate’s attorney, according to the Los Angeles Times. “Proposition 66, sponsored by prosecutors and passed by 51 percent of the voters, was intended to remove various hurdles that have prevented the state from executing an inmate in more than 10 years at San Quentin State Prison,” the Times reported. In an August ruling, the California Supreme Court preserved most … [Read more...] about Death penalty ballot fails to impose strict inmate appellate deadlines
Study explores lifers going before the parole board
California is releasing more lifers on parole, according to a Stanford University report. Between 2008 and 2015, the parole grant rate increased from 8 to 25 percent for those who appeared before the Parole Board in 2015. “Parole has been viewed increasingly as a means of managing the state prison population,” according to the April 2016 Federal Sentencing Reporter (Stanford Report). This has not always been the case. Between 1980 and 2008, the grant rate for lifers was virtually zero. Not only were there few grants, California’s reliance … [Read more...] about Study explores lifers going before the parole board
How lifers get better parole board deal
For decades, lifers were rarely found suitable for parole. Now more than 20 percent are being paroled. Why? Thanks to changes at the legal, executive, as well as an initiative petition and administrative levels. Many more prisoners will now have access to parole because of the passage of Proposition 57 in November 2016. It will likely allow thousands more inmates to go before the parole board. That’s great news for the men in San Quentin who yearn to go home. Now they just need to understand how to take advantage of the changes. In this … [Read more...] about How lifers get better parole board deal
Overcrowding in County Jails Changes Bail Practices
Overcrowding in county jails has California reviewing its bail practices. California’s bail practices have clogged the jails and become a tool that preemptively punishes the poor. Many individuals who pose no threat to society are jailed while awaiting trial. Realignment shifted many state prisoners to county jails. “64% of California’s jail population is awaiting trial or sentencing as of December 2016.” Most remain in pretrial custody because they cannot afford bail. Jail Profile Survey, http://www.bscc.ca.gov/ Like a flood moving … [Read more...] about Overcrowding in County Jails Changes Bail Practices
California Strikes Unconstitutional
California’s Supreme Court ruled a portion of the Three Strikes Law unconstitutional. It ruled that there are limits on awarding multiple strikes arising out of a single criminal act. The facts of the case are as follows: Darlene Vargas and Oscar Velasquez committed a home invasion robbery against Lynn Burrows and William Alves. Later that night, Vargas and Velasquez were caught prowling near another home in the same neighborhood. A witness later identified Velasquez and Vargas as the man and woman who were walking near the victims’ home. … [Read more...] about California Strikes Unconstitutional