COVID-19 Update: How We Are Serving and Protecting Our Clients

Articles Posted in SB 1437

Last month, the California Supreme Court released its opinion in a case involving the defendant’s claim that he was entitled to a resentencing hearing under Senate Bill 1437 (SB 1437). The case illustrates the power of SB 1437, and what it means for those serving lengthy prison terms for California murder convictions.

The Facts

Back in 2014, the defendant was arrested for murder. The prosecution and defense offered very different versions of the events leading up to the victim’s death. According to the defense, a woman told the defendant that the victim had been raping her. At this point, the defendant punched the victim in the face, and the woman began attacking the victim with what the defendant thought was a sledgehammer. The defendant denies ever using a weapon to strike the victim, who later died. The defendant’s DNA was found on cigarette butts at the scene.

The defendant was arrested for first-degree murder, based largely on the woman’s testimony. He was convicted, but that conviction was later reduced to a second-degree murder conviction based on his initial appeal. However, after the passage of SB 1437, the defendant filed a post-conviction motion, asking the court to vacate his sentence for second-degree murder.

2105-SupremeCourtGroupPhoto-300x102 Continue Reading ›

On December 7, 2020, George Gascon was sworn in as the new District Attorney, defeating the previous District Attorney, Jackie Lacey. With his swearing in comes sweeping reforms and promises to re-open thousands of old cases. In his sweeping reforms, Mr. Gascon provides for retroactive applications, removing gun enhancements, gang enhancements, Three Strikes Law and materially changing juvenile laws.

ap_20342853999428-b6aba420f4bf0e112b4fa0737449491331afb22f-s1500-c85-300x225
Traditionally, reforms are non-retroactive, meaning they do not apply to prior judgments or convictions. However, in Mr. Gascon’s sweeping reform, his office is now applying these reforms retroactively. That means that many of the new changes will affect old convictions from the past, regardless of when they took place.

In this post, Attorney Matthew Barhoma, founder of Barhoma Law, P.C. and California Criminal Appeals Attorney highlights the new changes and outlines how they will affect general cases. To learn how District Attorney, George Gascon’s, sweeping reform may affect your case, please consult with a Criminal Appeals and Post Conviction attorney with Barhoma Law, P.C. by calling our firm at 213-800-7664.

California Criminal Appeals Attorney Wins Multiple SB 1437 Cases Within Six Month Span

Attorney Matthew Barhoma, founder of Barhoma Law, P.C., was successful at attaining multiple SB 1437 successes within a six-month span in 2019. Through our renowned criminal appeals process, attorney Matthew Barhoma was able to achieve these successes, all of which are outlined below.

SB 1437 is a January 2019 law that has ended the practice of assigning homicide convictions to defendants who never committed a homicide nor “acted with reckless indifference to human life”. Traditionally, under the Felony Murder Rule, if you were a co-defendant in a felony, and a homicide occurred throughout the commission of that felony, you were convicted with a homicide conviction under the natural and probable consequences doctrine. And this occurred regardless of whether you indeed acted with reckless indifference or even participated in the homicide. As such, under the old law, even if you were never physically present, nor authorized the commission of the homicide, you were still sentenced to a homicide sentence. Now, the law is different and more targeted to only those who intended to kill and/or acted with reckless indifference to human life in carrying out the homicide.

Contact Information