Life Without the Possibility of Parole

Felony Sentencing Guidelines in California: a general breakdown

Published on: January 23, 2023 | by Barhoma Law

California’s felony sentencing guidelines are established by the California Penal Code and the California Rules of Court.

The California Penal Code (Section 1170) sets forth the basic framework for felony sentencing in the state, including the three strikes law, determinate sentencing, and alternative sentencing options such as drug treatment programs and community service.
The California Rules of Court (Rule 4.408) provides more detailed information on the sentencing process, including the procedures for imposing and challenging a sentence, the calculation of good conduct credits, and the rules governing parole and probation.

Barhoma Law Achieves Success for Client Before the California Court of Appeals

Published on: December 6, 2022 | by Barhoma Law

California Court of Appeals rules for Barhoma Law client after the firm successfully brought a Writ of Habeas Corpus. The Appellate Court remnded the case back to the Superior Court for an evidentiary hearing.

Barhoma Law, P.C. successfully argued a client’s case in the California Appellate Court, Second District, forcing the case back to the Los Angeles County Superior Court for an evidentiary hearing.

On December 1, 2022, after nearly 20 months of review, the California Appellate Court, Second District issued an order in a Barhoma Law, P.C., case that involved a client who was deprived of their right to effective counsel. Even worse, at the trial level, the Client’s former attorney did not properly object to the admission of contents of the client’s cell phone that was obtained from a warrantless search pursuant to Penal Code § 1538.5 and Riley v. California (2014) 573 U.S. 373.

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:

Barhoma Law Client is Granted Commutation; Barhoma Law Represented Client Before Parole Board

Published on: July 3, 2022 | by Barhoma Law

Another Barhoma Law, P.C. Client is spared from his sentence, when Governor Newsom granted his Application for Commutation of Sentence. His family and friends were elated to hear that the Barhoma Law, P.C. client was sparred from his Life Without the Possibility of Parole sentence. Barhoma Law, P.C. represented the client through the Clemency process, where we advocated for his rights before the Parole Board.

In granting the Application for Commutation of Sentence, Governor Newsom indicated the following about Barhoma Law, P.C.’s client:

In 1986, Jose Garcia and his crime partners kidnapped two victims who owed them money, held them for ransom, and beat them. On April 26, 1988, the Superior Court of California, County of Los Angeles, sentenced Mr. Garcia to life without the possibility of parole for kidnapping for ransom, five years for kidnapping, plus four years of sentence enhancements.

Attorney Matthew Barhoma appears on CourtTV for Analysis on Sentencing Laws and Recent Developments

Published on: February 8, 2022 | by Barhoma Law

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

State and Federal Writs for Habeas Corpus, Generally Explained by Leading Criminal Appeals Lawyer

Published on: July 22, 2021 | by Barhoma Law

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.

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.