In re Palmer (7/26/2017): BPH to give "deferrence" to Youth Factors

Case Name: In re Palmer , District: 1 DCA , Division: 2 , Case #: A147177
Opinion Date: 7/26/2017 , DAR #: 7132

Case Holding:
Board of Parole Hearings' refusal to calculate base and adjusted base term at inmate's parole hearing entitles youthful offender to new hearing. In 1988, when he was 17 years old, Palmer pleaded guilty to kidnapping for robbery. He was sentenced to life with the possibility of parole and has since been denied parole 10 times.

At his most recent parole hearing in June 2015, the Board issued a five-year denial of parole and refused Palmer's request to calculate his base term and adjusted base term, stating it did not set terms for youthful offenders. Palmer filed a petition for writ of habeas corpus, arguing the settlement terms of In re Butler (2015) 236 Cal.App.4th 122 required calculation of his base and adjusted base terms. After the court issued an order to show cause, the Board calculated Palmer's base term and adjusted based term. Held: Petition granted.

The Butler settlement requires the Board to set the base terms and adjusted base terms for life inmates at their initial parole consideration hearing, or in their next scheduled parole consideration hearing that results in a grant of parole, denial of parole, a tie vote, or a stipulated denial of parole. Unlike the parole suitability determination, which focuses on current dangerousness, the setting of the base term is designed to insure that life prisoners do not serve terms disproportionate to their individual culpability. The adjusted base term indicates the point at which a denial of parole will result in constitutionally excessive punishment, and the Board must consider the relationship between the adjusted base term and time served before denying parole.

Here, the Board did not calculate Palmer's base and adjusted base term until after it issued a five-year denial of parole so the issue of excessive punishment was not factored into the term of the Board's denial. Palmer's June 2015 parole hearing did not comport with Butler and the Court of Appeal ordered the Board to conduct a new hearing in light of the terms it now has set for Palmer.

[CCAP Editor's Note: Justice Kline filed a concurring and dissenting opinion, agreeing that Palmer is entitled to a new hearing but questioning whether it is proper for the Board to apply the same base term criteria to youth offenders as it does to adult offenders, an issue the court expressly declined to address. In Justice Kline's opinion, the base term for youth offenders should be adjusted to reflect the "diminished culpability" of juveniles as compared to adults.]





NOTE: It is very worth while to read  Justice Kline's well articulated opinion on the "dimished culpability" of the youth offenders - which is not reflected ANYWHERE in Title 15 CA code of Regs. (aka the matrix) that is used in setting the Base Terms during a Youth Offender's Parole Hearing.

A BIG THANK YOU to CCAP's weekly summary of case Editor(s)!

The full opinion is available on the court's website here: http://www.courts.ca.gov/opinions/documents/A147177.PDF

Senate Concurrent Resolution SCR 48: What is it and How would it impact Inmates?

Our law office received several inquiries on SCR 48, thus it was best to provide a good article Excerpt from the July 2017 LSA Newsletter - written by Vanessa Nelson of LSA.

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A basic understanding of the legislative process starts with knowing the difference between AB and SB bills; in California as well nationally, there are two houses in the legislature.

In California those are the state Senate and the Assembly. Bills (potential laws) that originate in the Senate are labeled SB, and those starting in the Assembly as AB.

So what is an SCR?  SCR stands for Senate Concurrent Resolution. Breaking it down, this piece of quasi-legislation originated in the Senate, concurrent means the other chamber (the Assembly) agrees, with the language, the resolution.

More particularly, what is SCR 48, where is it in the legislative process and what, if anything, will it do to change laws relative to lifers? The short answer to the last part of the question is; nothing, yet.

According to the California legislature, a Continuing Resolution is “A measure that can be introduced in either House, but must be approved by both Houses and filed with the Secretary of State to take effect. The Governor’s signature is not required.” In fact, the resolution is not even submitted to the Governor, and thus a resolution, even one approved by both houses of the legislature, does not have the force of law.

In this case, SCR 48, which has passed the Senate and has good chance of passage in the Assembly, expresses the intention of the legislature to “recognize the need for statutory changes to more equitably sentence offenders in accordance with their involvement in the crime.” Specifically, if this resolution at some point becomes the basis for a bill, it would impact the felony murder law.

Quoting from the language of the resolution: “It is a bedrock principle of the law and of equity that a person should be punished for his or her actions according to his or her own level of individual culpability; reform is needed in California to limit convictions and subsequent sentencing in both felony murder cases and aider and abettor matters prosecuted under “natural and probable consequences” doctrine so that the law of California fairly addresses the culpability of the individual.” The language continues, the felony murder rule is “is fundamentally unfair and in violation of basic principles of individual criminal culpability,” and “In California, people who commit a felony are not sentenced according to their individual level of culpability.”

Cut to the chase, after several more ‘whereas’ statements, which lay out all the issues with the felony murder law, the resolution gets around to business, that the legislature “recognizes the need for statutory changes to more equitably sentence offenders in accordance with their involvement in the crime.”

Thus the legislature has expressed its collective feeling that the felony murder rule is inappropriate, unjust and costly. Now, if only next legislative session, someone will just take that resolution and turn it into an actual Bill, passage of which could actually change that the law.

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A BIG THANK YOU [to our strong Lifer Advocate Vanessa Nelson] out of the Sacramento area which is well located (in the Capital city) to advocate and support new laws.

**  EXCERPT from: Vanessa Nelson-Sloane’s Article from the from Life Support Alliance (LSA) July 2017 newsletter - thank you for clarifying SCR 48 and its process in the law making procedures.

6/24/17 ECC 5th ANNUAL LIFER BBQ: Do you recognize anyone?

FIFTH ANNUAL LIFER BBQ at City Buena Park - Fun had by ALL again!

The Fifth annual lifer picnic Hosted by Gary “Red” Eccher and Attorney Keith Chandler [ECCHER CONSULTING COMPANY (ECC)] gets better every year, with the typical grilled hot dog, BBQ style. We had additional food items ranging from pizza to fried chicken; delivered on the hour (fresh and hot) for several hours through the day.  The meals were well rounded with veggies, fruits and sweets! We had great 70 ish degree weather with a cool breezes in the typical Southern Sunny California day. 
Over 300 people gathered thorough the day at Buena Park from Noon to 6 pm. We had the typical LIFER Group picture (see below) at 3pm. This year there was a Southern California  "Pow Wow" by several Lifer Criminal Defense Attorneys (and paralegals) participating in a strategy session to deal with what seems to be developing anti-Lifer trends at BPH. 
(Left:  "Red" and Diane Letarte - aka Renegade Attorney)

 On the lighter side - several Photos were taken:
 - Courtesy of Attorney Diane Letarte and her legal assistant Yolanda Navarro.

 

 As Vanessa Sloane (:SA) would say: "Some parolees had been out only a few days, some several years, but all were united by the fellowship only earned through surviving the crucible of prison and parole."



 

 Attorneys Diane Letarte, Marc Norton, Michael Beckman, Keith Chandler and infamous "Doc" Miller

 The Three Amigas:   Vanessa Nelson, Attorney Letarte, Sister Mary Sean Hodges

 Debbie Page, Laura Sheppard were among several other attorneys that appeared at the Lifer BBQ.



A friendly chat with "Red" and familiar faces of the Law Office of Diane Letarte including Yolanda Navarro, Legal Assistant (Yolanda's mother Irma) and Lydia Lenz!

Some of our Clients enjoying Freedom










Attorney Keith Chandler having an intense discussion with Attorney Marc Norton, Attorney Michael Beckman, and Vanessa Nelson-Sloane (from LSA)

 A BIG THANK YOU FOR ALL THAT PARTICIPATED AND TO ECC FOR ALL THEIR GENEROUS TIME AND EFFORT FOR ORGANIZING THIS ANNUAL LIFER EVENT!