Juvenile Offenses

SB 1437 & Life Without the Possibility of Parole — People v. Strong

Published on: August 9, 2022 | by Barhoma Law

On August 8, 2022, the California Supreme Court decided a long-awaited case that affects SB 1437 Petitions for individuals convicted of Special Circumstance Murder when they ruled in the case of People v. Christopher Strong. Specifically, the Supreme Court ruled that some special circumstance findings do not automatically preclude defendants from SB 1437 relief.

Background Regarding SB 1437

dreamstime_xl_15103637-750x422-1-300x169 In 2019, SB 1437 was enacted, amending Penal Code § 188 and § 189 and creating Penal Code § 1170.95. Pursuant to SB 1437, accomplice liability for felony murder and murder by way of the natural and probable consequence doctrine was substantially changed, allowing individuals convicted to seek to vacate their murder convictions and obtain resentencing relief. Resentencing is available for individuals convicted of murder, attempted murder, and/or manslaughter if they demonstrate:

The Breakdown of California’s New Sentencing Enhancement Laws

Published on: September 21, 2021 | by Barhoma Law

Below are recent changes introduced by way of a Senate Bill:

Senate Bill 180

Effective: January 1, 2018.

Governor Gavin Newsom Recommends the Commutation of a Barhoma Law, P.C. Client!

Published on: June 9, 2021 | by Barhoma Law

Governor Gavin Newsom recommends for Commutation the Application of a Barhoma Law, P.C. Client who spent nearly three decades behind bars.

Barhoma Law, P.C. receives the Commutation Recommendation from Governor Gavin Newsom’s office. The Barhoma Law, P.C. client may soon be walking free. Historically, Governors will wait and issue a number of Commutations and other Pardons at the end of their term. However, Governor Newsom has elected to issue commutations more periodically. And in making these issuance, he has recieved and reviewed the Commutation Application of a deserving Barhoma Law Client and has recommended his sentence to be commuted.

Traditionally, the Governor’s office has free reign and control to commute sentences in any way they deem fit. One thing the Governor’s office can do is recommend a sentence for commutation by sending the case, alongside the commutation recommendation, to the office of the Parole Board, who will put together a review and hold a hearing. Once that’s completed successfully, it will be sent back to the Governor’s office for final commutation. This particular Barhoma Law client may soon be walking free after nearly 30 years of incarceration.

Supreme Court Issues Important Opinion for Californians Sentenced to Life Without the Possibility of Parole for a Juvenile Offense

Published on: May 12, 2021 | by Barhoma Law

Recently, the United States Supreme Court issued an opinion in the case of Jones v. Mississippi. The case required the Court to determine the proper procedure that a court must follow when sentencing a juvenile offender to life in prison without the possibility of parole.

Historically, juveniles were frequently charged as adults. It wasn’t until relatively recently that the juvenile justice system came into existence. The juvenile justice system has a primary focus on rehabilitation. Minors can also “age out” of the juvenile justice system, limiting the length of time they are subject to incarceration or supervision. Thus, whenever possible, juveniles benefit from staying in the juvenile justice system.

For the most part, juveniles who are charged as adults face the same punishments that adults do. There are two important exceptions: the death penalty and life in prison without the possibility of parole (JLWOP). In recent years, the U.S. Supreme Court has held that juveniles cannot be sentenced to death. Subsequently, the Court determined that, while juveniles can be sentenced to life in prison without the possibility of parole, a trial court must follow strict procedures that allow proper consideration of the defendant’s age.