Articles Posted in Legal Developments

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The California Board of Parole Hearings, commonly known as the Board of Parole or BPH, is the division of the California Department of Corrections and Rehabilitation that is responsible for determining parole suitability for inmates in California. The Board holds hearings for inmates who are serving indeterminate sentences, such as life in prison with the possibility of parole or 25 years to life in prison. The BPH conducts hearings where inmates can present their cases for release, and victims or their families can also provide input. This Board’s role is to assess whether inmates are ready to be released back into society based on factors like their behavior in prison, rehabilitation efforts, and the nature of their crimes. The Board’s decisions are influenced by various factors, including public safety, the inmate’s own insight into their crimes, and their plans for reintegration into the community. 

These hearings, often referred to as “lifer hearings,” are absolutely critical for anyone serving an indeterminate life sentence. Read on to learn more about the BPH, the factors the Board considers during lifer hearings, and why it is important to work with a renowned Los Angeles criminal appeals lawyer throughout the BPH process. 

Who Is Eligible for a Parole Suitability Hearing?

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On October 8, 2023, California took a significant stride in criminal justice reform with the enactment of Assembly Bill 600, widely referred to as “AB 600”. This legislative development, approved by Governor Newsome, marks a paradigm shift in the state’s approach to resentencing hearings for inmates, introducing the concept of Judicial Initiated Sentencing. In this article, we will discuss AB 600, how it came about, how it works, and what applicants may anticipate if filing for an AB 600 “judicial initiated” resentencing.

Understanding AB 600: An Evolution in Resentencing

AB 600 stands as a pioneering California law designed to augment judges’ discretion in ordering resentencing hearings for inmates serving extended sentences for serious crimes. To grasp the nuances of AB 600, it is crucial to contrast its provisions with the previous legal landscape.

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What Is AB 256?

Senate Bill 256 is a bill introduced by State Assemblymember Ash Kalra of the 27th Assembly District. The bill builds upon a prior law, the California Racial Justice Act, which precludes the government from making any prosecutorial or sentencing decisions based on the race, ethnicity or national origin of the accused. While the Racial Justice Act, which was also presented by Assemblymember Kalra, took significant steps to remedy an unfair criminal justice system, it only applied to convictions on or after January 1, 2021. Thus, those who were serving sentences based on decades-old convictions were beyond the scope of the Act, meaning they were left without a remedy.

Assembly Bill 256 changes this by extending the protections of the Racial Justice Act to those who were convicted of a crime before January 1, 2021. Thus, under the newly passed AB 256, anyone, regardless of when they were convicted, can pursue relief under the California Racial Justice Act. Not only that, but the bill would also require any judge whose conduct was challenged in an inmate’s petition to recuse themselves. Practically speaking, this means that many inmates will be able to present their petition to a judge other than the one who convicted or sentenced them.

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ABC7 publishes an article covering California Criminal Appeals attorney, Matthew Barhoma’s work in a re-sentencing of his client pursuant to Penal Code 1170(d)(1) and AB 2942.

The article highlights a recent success for Power Trial Lawyers, P.C., where the Firm successfully reduced a client’s sentence just mere 9 months after retaining the Firm. Our client, Mr. Earl Snoddy, spent the last 27-years behind bars for a crime he likely did not commit. The Firm filed a conviction integrity request. In addition, Mr. Snoddy, through his counsel, sought to recall and renegotiate on the sentence by submitting an AB 2942 / Penal Code § 1170(d)(1) petition. The matter had deep implications among the California Three Strike laws and various enhancements, as discussed by the ABC7 article and coverage on the matter.

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Family Reunited

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California Criminal Appeals Lawyer Comments on Recent Criminal Justice Headlines

Recently, Attorney Matthew Barhoma, appeared on Court TV to discuss several of the nation’s highest-profile criminal cases.

 Ahmaud Arbery

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Power Trial Lawyers, P.C., client, Earl Snoddy, is resentenced by the state court, making him a free man just 9 months after retaining Power Trial Lawyers, P.C., the leading California Appeals and Post-Conviction law firm.

Mr. Earl Snoddy spent 27-years behind bars. Power Trial Lawyers, P.C. successfully recalled his sentence pursuant to Penal Code § 1170(d)(1)/AB 2942. Power Trial Lawyers, P.C. reached a joint-stipulation with the Los Angeles District Attorney’s as to Mr. Earl Snoddy’s new sentence. Due to this case, the Los Angeles County District Attorney’s office has hired a Re-entry specialist with demonstrated decades of experience. Attorney Matthew Barhoma and Power Trial Lawyers, P.C. team members worked alongside the re-entry specialist to enroll Mr. Snoddy in a re-entry program, where he will learn to become reintegrated into everyday society.

Power Trial Lawyers, P.C. additionally worked closely with attorneys within the DA’s office, who felt passionate about the merits of this conviction.

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The effects of a felony conviction are severe and remain with you for life. However, by obtaining a certificate of rehabilitation, inmates can regain many of the liberties they’ve been deprived of due to their conviction. While certificates of rehabilitation are not new, by any means, they are underutilized, in large part, because they are misunderstood. Read on to learn more about certificates of rehabilitation and how to obtain one.

What Is a Certificates of Rehabilitation?

A certificate of rehabilitation is a court determination that a former inmate has been fully rehabilitated. In this way, a certificate of rehabilitation does not help currently incarcerated inmates; however, it can help formerly incarcerated inmates on their journey to rebuild their lives and become contributing members of society.

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The writ of habeas corpus, or the “Great Writ” as it is also known, is a powerful tool. The writ of habeas corpus calls for the review of an individual’s incarceration, requiring the government to justify why it is holding someone in custody. When properly used, a writ of habeas corpus can compel the release of an inmate. However, as powerful as the Great Writ is, it is also commonly misunderstood. These misunderstandings can often result in inmates improperly filing for habeas relief, possibly risking proper review in the future. In the post, leading California criminal appeals lawyer explains: (1) what a Writ of Habeas Corpus is; (2) the differences between state and federal writs of Habeas Corpus, and (3) the requirements of Exhausting your state legal remedies.

What Is a Writ of Habeas Corpus?

Simply put, a writ of habeas corpus calls into question the continued incarceration of an individual. Thus, aside from direct appeal relief, a petition for writ of habeas corpus is another important way for inmates to challenge their conviction or sentence. However, unlike an appeal, a writ of habeas corpus does not give a petitioner the chance to relitigate their case. Writs of habeas corpus are limited to situations in which someone is incarcerated due to an incorrect application of law or newly present circumstances justifying their release.

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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.

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