FIRST 2020 LSA SEMINAR - Helping Families of the Incarcerated.

                            ***** QUICK RELEASE  *****  
           DON'T MISS the First LSA  SEMINAR  of 2020

Saturday,   Feb. 29th 2020   8 am-3:30 pm

The first seminar of the year, February 29 in Sacramento.  Once again this year Jennifer Shaffer, Executive Director of the Board of Parole Hearings will be attending, to fill us all in on the latest in parole and answer questions from those in attendance.  Ms. Shaffer's remarks are usually the most anticipated part of the seminar, and she always brings great insight into the board's workings and process.  

Also sharing their knowledge will be attorney Michael Beckman, one of the top parole attorneys in the state and John Dannenberg, former lifer, current contributor to California Lifer Newsletter and the subject of two impactful lifer litigations In RE: Dannenberg I and II.  Micheal will discuss attorney interactions with both clients and the board, while John will share some personal advice and observations aimed at helping your lifers become successful at the board.

LSA  provides lunch and in the afternoon, break into smaller groups to go deeper into several areas of suitability.  And, we'll have a few more paroled lifers in attendance, who can chat with you and share their path to success.  It's a full day, but you'll come away with much to think about and share with your loved one who is heading to the parole board.

And once again, we have a great venue, Capital Christian Center, easy to find, plenty of parking and a very friendly atmosphere.  The easiest way to sign up is to go to LSA website, www.lifesupportalliance.org and on the Events page, you can use a debit or credit card to reserve your seat.

 

 If you'd rather register with a check or MO, just sent that, along with your information, to the address below -  For either method of registration don't forget to include your email address, for follow ups.

LOCATION:
  Capital Christian Center
  9470 Micron Ave. 
  Sacramento, CA. 95827  

STAY TUNE FOR FUTURE LSA SEMINAR ACROSS THE STATE OF CA BY LSA

 

SB1437: UPDATE to GOODEN and LAMOUREUX Cases are going up to the CA SUPREME

QUICK UPDATE on SB1437 since December BLOG post:

We know there were two published cases that opined that SB1437 is Constitutional as stated in our November  BLOG. We also know that both were Published by the Court of Appeal, Fourth District, Division One: People v. Lamoureux (D075794) and People v. Superior Court  (Gooden/Dominguez) (D75787 and D75790).

As we anticipated from our last month Blog:
 We believed that  People v. Lamoureux  and People v. Superior Court  (Gooden/Dominguez) would be petitioned to the California Supreme Court.

Well.. YES, A petition for review was filed in Gooden on December 19, 2019 and a petition for review in Lamoureux was filed on December 26, 2019 to the California Supreme Court.  I assume Review will be granted by the California Supreme Court on these cases in early 2020. 

Still up to date we believe that the Orange County Superior Courts have, so far, adopted the position that SB 1437 is unconstitutional.  We are now keeping our eyes on case number G057510, People v. Solis pending in the Court of Appeal, Fourth District, Division Three. The case is fully briefed, but Oral arguments have not yet been scheduled. As a reminder - Oral argument has NOT been scheduled yet, and probably won't be until early this year  (attorney unavailability noted out to 02/18/20, last checked)

IN THE DIFFERENT TRIAL COURTS: A BIG MESS

There are many issues in the Trial Courts. The DAs are trying to come up with "new theory" of Murder to keep the inmates incarcerated. Some DA's are trying to bring in (as new evidence) the Parole Suitability Hearing transcripts from CDCR (prisons).

Some Judges are overstepping their Boundary / Jurisdiction (i.e. LA County) by resentencing a 1st degree murder to a 2nd degree murder without an information/indictment nor proving each element of the crime Beyond a Reasonable Doubt. At this point- it is unclear -- If the DA did proceed by way of new information or indictment, would there be a double jeopardy issue?  Unknown
We hope a Notice of Appeal (NOA) will be filed on this injustice.


PRELIMINARY FILINGs of SB1437 [PC 1170.95 resentencing petition] by inmates: BEWARE

The 2d District, Division 1, has issued a published opinion in Vince Lewis, B295998, affirming a summary denial of an 1170.95 petition prior to appointment of counsel.  They hold that at the initial step, prior to appointment of counsel, the trial court may consider the "record of conviction", including the opinion on direct appeal, and summarily deny the petition on that basis alone. It appears that different Public Defenders regions are taking action to try to salvage some of these cases that the Judge may have wrongfully denied the  inmates' Petitions, before s/he had the advantage of having Counsel represent them.


Let's stay tune for the on-going development of the new law and its proper and improper execution at the Trial Court Level

SB1437: UPDATE to GOODEN and LAMOUREUX Court after finding SB1437 is Constitutional

QUICK UPDATE on SB1437 since November BLOG post:

There are now two published cases that opined that SB1437 is Constitutional as stated in our November  BLOG. We also know that both were Published by the Court of Appeal, Fourth District, Division One: People v. Lamoureux (D075794) and People v. Superior Court  (Gooden/Dominguez) (D75787 and D75790).

We now provide the update that the Remittitur has not been issued in these cases, but is scheduled for January 21, 2020. We believe that it is likely that People v. Lamoureux  and People v. Superior Court  (Gooden/Dominguez) will be petitioned to the California Supreme Court, after the Remittitur is issued, next month. Again we wait and see.

Still up to date we believe that the Orange County Superior Courts have, so far, adopted the position that SB 1437 is unconstitutional.  We are now keeping our eyes on case number G057510, People v. Solis pending in the Court of Appeal, Fourth District, Division Three. The case is fully briefed, but Oral arguments have not yet been scheduled.

A quick look at the last Docket entry for Solis indicate --->:
Oral argument has NOT been scheduled yet, and probably won't be until next year (attorney unavailability noted out to 02/18/20, as of 12/04/19.


Stay tune....... for both Division One and Three in the Court of Appeal, Fourth District.