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California Court of Appeal: Youth Offender Parole Statute Trumps Consecutive Prison Term Statute
Loaded on Dec. 30, 2018
by Christopher Zoukis
published in Criminal Legal News
January, 2019, page 38
by Christopher Zoukis
The Court of Appeal of California, Second Appellate District, ruled that a statute granting prisoners who were convicted as youth offenders improved parole eligibility possibilities supersedes a different statute that requires prisoners convicted and sentenced for in-prison crimes to serve their new sentence consecutively. The …
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More from this issue:
- How Defense Lawyers Break Attorney-Client Privilege to Defend Ineffective Assistance of Counsel Claims, by Steve Horn
- Fee to Plead Guilty Burdens Indigent Defendants in Pennsylvania, by Dale Chappell
- California Court of Appeal: Youth Offender Parole Statute Trumps Consecutive Prison Term Statute, by Christopher Zoukis
- Very Few Have Taken Advantage of New York’s Program to Seal Criminal Records, by Edward Lyon
- Homeland Security One Step Closer to Becoming Big Brother Incarnate, by Christopher Zoukis
- St. Louis Police Department Fighting Prosecution Exclusion List, by Kevin Bliss
- Junk Sciences and Scientists Strike Again in Texas, by Edward Lyon
- Global Voice Recognition Database Alarms Privacy Groups, by Kevin Bliss
- Philadelphia Pays Out Millions to Settle Police Shootings, by Edward Lyon
- Scottish Psychologist’s Study Focuses On Why the Innocent May Confess to Crimes, by Derek Gilna
- U.S. Government Paid Out Over $60 Million to Settle Border Patrol Violence Claims, by Christopher Zoukis
- New Hampshire’s Secret List of Problematic Cops Gets Worse, by Dale Chappell
- Crime Labs Falling Short, by Edward Lyon
- Eleventh Circuit Denies Qualified Immunity to Florida Cop Who Seized iPhone from Accident Bystander, by Christopher Zoukis
- Fourth Circuit: Federal Conspiracy to Commit Murder in Aid of Racketeering Not a Crime of Violence for Purposes of Sentencing Guidelines Enhancement, by Christopher Zoukis
- Colorado Leads U.S. in Suppression of Court Cases, by Kevin Bliss
- Kansas Supreme Court Rules Fourth Amendment Violation Where Purported Inventory Search Was Performed in Absence of Standard Policy, by Richard Resch
- Massachusetts Supreme Court Shifts Burden on Government to Prove by Clear and Convincing Evidence Sex Offender Poses Continued Risk at Termination of Registry Hearings, by Dale Chappell
- Report: NYPD Assisted in Creating Facial Recognition Technology, by Kevin Bliss
- South Carolina Supreme Court Rules Mandatory Electronic Monitoring of Sex Offenders Must Be ‘Reasonableness’ Under Fourth Amendment, by Dale Chappell
- Minnesota Supreme Court Joins the Chorus by Announcing Birchfield is Retroactive, by Christopher Zoukis
- $1 Million Settlement by Cleveland to Six Rape, Murder Victims’ Families, by Kevin Bliss
- Connecticut Supreme Court Finds IAC for Failure to Investigate Key Alibi Witness, Grants New Trial, by Dale Chappell
- Ninth Circuit Holds Undisclosed Relationship Between Murdered FBI Agent and Presiding Judge in Capital Case Created Intolerable Risk of Judicial Bias, Warranting Habeas Relief, by David Reutter
- Ninth Circuit Rules California Robbery Not a ‘Crime of Violence’ in Light of Dimaya and Allows Withdrawal of Guilty Plea, by David Reutter
- Civil Rights Groups Urge Ending Use of Pretrial Bail Risk Assessment Tools, by Steve Horn
- California’s New Cashless Bail System More Likely to Increase Number of Detainees, by Kevin Bliss
- Article Calls for Courts to Implement ‘Brady Violation Disclosure Letter’ System, by Steve Horn
- Georgia Can No Longer Charge for Access to Its Statutes, Thanks to Eleventh Circuit Ruling
- I once wrote mandatory minimum laws. After ties to Abramoff landed me in prison, I know they must end., by Kevin Ring
- Seventh Circuit Vacates Conditions of Supervised Release Following Child Pornography Conviction, by Matthew Clarke
- Illinois: Chicago Police Misconduct Outed in Database 2.0 Version, by Edward Lyon
- Seventh Circuit: Bureau of Prisons Improperly Prolonged Prisoner’s Sentence, by Christopher Zoukis
- Oregon Supreme Court: ‘Grooming’ Evidence Requires Scientific Validity Foundation, by Mark Wilson
- Massachusetts Supreme Court Overturns Conviction Based on Prosecutor’s False Statement During Closing Argument, by Dale Chappell
- District Court Holds that Some White-Collar Felons May Lawfully Possess Firearms Due to a Little Known Exemption For Crimes ‘Relating to the Regulation of Business Practices’
- Harris County, Texas Prosecutors Review DWI Cases Impacted by Discredited Expert, by Derek Gilna
- Massachusetts Supreme Court Tosses Thousands of Drug Cases After Lab Tech Scandal and Government Cover-Up, by Dale Chappell
- Tenth Circuit Rules Police Seizure of Home Where No Evidence of Criminal Activity Apparent Violates Fourth Amendment Requiring Suppression of Incriminating Evidence, by Richard Resch
- Seventh Circuit: Procedural Error Occurs When Miscount of Prior Convictions Basis for Sentence, Resentencing Required, by David Reutter
- Police Misconduct Threatens Over 20,000 New Jersey Drunk Driving Convictions, by Derek Gilna
- Nevada Court of Appeals Rules Police May Not Conduct Warrantless Search Based on Third-Party Consent Where No Effort Made to Determine Whether Person Has Authority to Do So, by Richard Resch
- New York City Cops Using Supposedly Sealed Arrest Records, by Edward Lyon
- Ninth Circuit Grants Habeas for IAC of Resentencing Counsel Who Failed to Challenge Sole Aggravating Factor or Investigate Mitigating Circumstances, by Matthew Clarke
- News in Brief
- Kansas Supreme Court Holds Travel Plan Questions Unconstitutionally Extended Traffic Stop, by Matthew Clarke
- The Fallibility of Forensic Science: Crime-Solving Tool Can Lead to Wrongful Convictions—and Belated Exonerations, by Rick Anderson
More from Christopher Zoukis:
- The Contraband Wars Prison authorities target books and mail, miss the goods coming through the staff door, July 1, 2021
- Trump v. Biden on Criminal Justice, Oct. 1, 2020
- Coronavirus in Prison: The Cruel Reality, Aug. 1, 2020
- With Lives of Immigrant Detainees at Risk to COVID-19, Federal Judge Forces ICE’s Hand, July 1, 2020
- A Nation on the Brink, June 15, 2020
- Federal Court Slams Michigan Jail for Bungling COVID-19 Pandemic, Demands Names of Vulnerable Prisoners for Release, June 1, 2020
- Silence: The Bureau of Prisons’ Pathetic Response to the COVID-19 Pandemic, June 1, 2020
- New York Judge Orders Release of 18 Rikers Island Detainees Due to COVID-19 Risk, June 1, 2020
- Coronavirus: A Nationwide Survey of the Push for Early Release as Pandemic Fears Grow, May 1, 2020
- California Three-Judge Court Denies Emergency Motion to Reduce Prison Population During Pandemic, May 1, 2020
More from these topics:
- California Spends $300 Million Each Year Incarcerating Senior Citizens in Women’s Prisons, April 1, 2026. Retaliation for Filing Grievances, Totality of Conditions, Parole, Life without Parole (LWOP), Americans with Disabilities Act.
- SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split, April 1, 2026. Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release.
- Colorado Law Intended to Reduce Prison Population Hasn’t Improved Conditions, March 1, 2026. Overcrowding, Parole, halfway houses, Reduction of Prison Population.
- Maine Was the First State to Abolish Parole. Incarcerated Mainers, Advocates Hope to Bring it Back., March 1, 2026. Rehabilitation/Recidivism, Parole, Post-release, ex-offender, re-entry, Probation, Parole & Supervised Release, De Facto Life Sentence.
- Colorado Lawmakers Approve Prison Bed Funding, Despite DOC Understaffing, March 1, 2026. Overcrowding, Staffing, Parole, Overdetention, Reduction of Prison Population.
- North Carolina Parole Commission Agrees to Stop “Moving Goalposts” for Prisoners Who Committed Crime as Juveniles, Feb. 1, 2026. Parole Board Misconduct, Rehabilitation/Recidivism, Parole, Juvenile Offenses/Offenders, Cruel and Unusual Punishment.
- Study Finds Parole Hearings and Grants Continue to Fall, Jan. 1, 2026. Parole Board Misconduct, Statistics/Trends, Rehabilitation/Recidivism, Parole, Probation, Parole & Supervised Release.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
- Ex-Wife of Minnesota DOC Commissioner Sentenced for Poisoning Attempt on Son, Dec. 1, 2025. Out of State Transfers, Sentencing, Conspiracies, Attempts, Solicitations, Confessions and Statements of Defendant, Plea Agreements/Guilty Pleas.
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.





