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Ninth Circuit: Proposition 47 Creates New, Intervening Judgment to Allow Another Federal Habeas Petition Attacking Entire Case
Loaded on April 15, 2020
by Dale Chappell
published in Criminal Legal News
May, 2020, page 33
Filed under:
Three Strikes Statutes/Rule.
Location:
California.
by Dale Chappell
The U.S. Court of Appeals for the Ninth Circuit held on January 30, 2020, that the “reclassification” of a prior conviction as a misdemeanor under Proposition 47 created a new judgment in the case that allowed a new federal habeas corpus petition attacking the entire case, which ...
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More from this issue:
- Changing Perception, Changing The Law, by Jean Trounstine
- California Supreme Court Finds IAC, Vacates Conviction in LAPD Officer’s Murder Case (Again) – 36 Years Later, by Dale Chappell
- Ninth Circuit Opens Door for Savings Clause Relief, Recognizes ‘Actual Innocence’ for Mandatory Career Offender Sentences, by Dale Chappell
- Seventh Circuit: Trial Judge Violated 5th Amendment by Modifying Instructions to Allow Jury to Convict on Offenses Not Charged in Indictment, by Douglas Ankney
- Attacking the Guilty Plea: The Ineffective Assistance of Counsel Standard, by Dale Chappell
- Suspending the Constitution: Police State Uses Crises to Expand Its Lockdown Powers, by John W. Whitehead
- SCOTUS: ‘Serious Drug Offense’ Under ACCA Is Self-Defining, Match with Equivalent Federal Offense Not Required, by Dale Chappell
- Kansas Supreme Court Holds Threat of Violence Statute Violates First Amendment to Extent it Criminalizes ‘Reckless’ Conduct, by Dale Chappell
- SCOTUS: Advocating for Shorter Sentence Sufficient to Preserve Claim that Sentence Imposed Greater Than Necessary to Comply With 18 U.S.C. § 3553(a), by Douglas Ankney
- New York Court of Appeals Orders Resentencing Because Trial Court Relied on Testimony from Improperly Unsealed Record, by Douglas Ankney
- California Court of Appeal: Senate Bill 1437 Abrogates ‘Natural and Probable Consequences Doctrine’ in Attempted Murder Prosecutions and Applies Retroactively to Cases on Appeal, by Douglas Ankney
- Sixth Circuit: Cardiologist’s Right to Due Process Violated Where District Court Ordered Government to Not Disclose Third Party’s Expert Evaluation of Medical Care Provided by Him, by Douglas Ankney
- En Banc Ninth Circuit Provides Guidance on When Amended Habeas Petition ‘Relates Back’ to Original Claims to Avoid Dismissal as Untimely, by Dale Chappell
- First Circuit: Home Search Affidavit Failed to Establish Nexus of Crime and Evidence, by David Reutter
- First Circuit: Securing a Weapon Not Used in Offense Is Not Exigent Circumstance Permitting Warrantless Entry and Search of Suspect’s Home, by Anthony Accurso
- Massachusetts Supreme Judicial Court Reverses Murder Conviction Due to Insufficient Evidence, by Douglas Ankney
- Second Circuit Holds Denial to Proceed Under Pseudonym by Magistrate Judge Is Immediately Appealable, by Dale Chappell
- Fifth Circuit Settles In-Circuit Confusion, Holds Implicit Extension of Time to File State Appeal Tolls AEDPA Clock to File Federal Habeas Petition, by Dale Chappell
- Pennsylvania Prosecutors Cash in on Low-Level Drug Crimes, by Edward Lyon
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- California Supreme Court: Refusing to Testify Insufficient to Constitute Accessory After the Fact, by Anthony Accurso
- Seventh Circuit: Unsupported CI Statements Insufficient to Justify Higher Drug Quantity for Sentencing, by Dale Chappell
- Ninth Circuit: Proposition 47 Creates New, Intervening Judgment to Allow Another Federal Habeas Petition Attacking Entire Case, by Dale Chappell
- Seventh Circuit Vacates Sentence for Failure to Explain Extreme Departure of Guidelines Range, by Anthony Accurso
- Coronavirus: Will Courts Continue To Operate, Preserving the Rule of Law?, by Austin Sarat, Professor of Jurisprudence and Political Science, Amherst College, The Conversation
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More from Dale Chappell:
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
- Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea, Oct. 15, 2022
- Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions, Sept. 15, 2022
More from these topics:
- Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes, Dec. 15, 2023. U.S. Sentencing Guidelines, Three Strikes, Career Offenders, Three Strikes Statutes/Rule, Recidivist Enhancements.
- Supreme Court of California: After Amendments to Three Strikes Law, Courts Retain Concurrent Sentencing Discretion for Qualifying Offenses Committed on Same Occasion or Arising From Same Operative Facts, Sept. 1, 2023. Three Strikes, Three Strikes Statutes/Rule, Concurrent and Consecutive Sentences.
- Army Veteran Serving Life Without Parole for Taking $9, June 15, 2020. U.S. Sentencing Guidelines, Veterans, Three Strikes Statutes/Rule.
- Harris v. City of New York, No. 09-0081-pr (2nd Cir.) (607 F.3d 18) (June 2, 2010) (Judge Robert A. Katzmann), Dec. 1, 2010. Punch And Jurists, Three Strikes Statutes/Rule.
- Reyes v. Brown, No. 00-57130 (9th Cir.) (399 F.3d 964) (March 4, 2005) (Judge Harry Pregerson), March 1, 2005. Punch And Jurists, Three Strikes Statutes/Rule.
- Monge v. California, No. 97-6146 (U.S. Supreme Court) (524 U.S. 721; 118 S.Ct. 2246) (June 26, 1998) (Justice O'Connor), June 25, 2004. Punch And Jurists, Three Strikes Statutes/Rule.
- Ramirez v. Castro, No. 02-56066 (9th Cir.) (365 F.3d 755) (April 19, 2004) (Judge Kim McLane Wardlaw), March 1, 2004. Punch And Jurists, Three Strikes Statutes/Rule.
- U.S. v. Brown, No. 01-1623 (7th Cir.) (276 F.3d 930) (January 10, 2002) (Judge Richard A. Posner), Feb. 1, 2002. Punch And Jurists, Three Strikes Statutes/Rule.
- Brown v. Mayle, No. 99-17261 (9th Cir.) (283 F.3d 1019) (February 7, 2002) (Judge Marsha L. Berzon), Jan. 1, 2002. Punch And Jurists, Three Strikes Statutes/Rule.
- Andrade v. Attorney General of California, No. 99-55691 (9th Cir.) (270 F.3d 743) (November 2, 2001) (Judge Richard A. Paez), Oct. 1, 2001. Punch And Jurists, Three Strikes Statutes/Rule.
