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California Court of Appeal: Lack of Notice of Filing Deadline Due Process Violation, Allowing Late Challenge to Erroneous Parole Designation
by Dale Chappell
The Court of Appeal of California, Fourth Appellate District, held that the lack of adequate notice of a time limit to challenge an erroneous placement on parole violates due process.
The error occurred when Bryant Ruiz was released from prison and the California Department of Corrections and ...
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More from this issue:
- Faulty Forensics and Wrongful Convictions, by Matthew Clarke
- Seventh Circuit Affirms Vacatur of Death Sentence Based on Newly Discovered Evidence of Defendant’s Intellectual Disability, by Douglas Ankney
- Machinery of Death: When the Government Acts as Judge, Jury and Executioner, by John W. Whitehead
- Seventh Circuit: Indiana’s Sex Offender Registration Act’s ‘Other Jurisdiction Requirement’ Unconstitutional Violation of Right to Travel, by Douglas Ankney
- Ohio Supreme Court: Retroactive Application of Sexually Violent Predator Law Violates Ex Post Facto Clause, by Dale Chappell
- Alabama Supreme Court Announces Testimony About Cell-Site Location Data Is ‘Scientific’ Expert Testimony, Not Lay, Triggering Daubert Analysis, by Anthony Accurso
- Maryland Court of Appeals: MTA’s Fare Sweep Constitutes Suspicionless Seizure in Violation of Fourth Amendment, by Douglas Ankney
- North Carolina Supreme Court: Judge May Not Reject Informed Guilty Plea Because Defendant Refuses to Admit He’s Factually Guilty, by David Reutter
- How the Criminal Justice System Fails People With Mental Illness, by Jordan Smith
- Third Circuit: Brady Claims in Habeas Petitions Timely When Filed Within One Year of Date Reason to Believe Prosecutor Violated Duty To Disclose, by Douglas Ankney
- Pennsylvania Supreme Court Announces Departure From SCOTUS’ Vehicle Exception to Warrant Requirement, Commonwealth’s Constitution Provides Greater Protections, by Anthony Accurso
- California Court of Appeal: Lack of Notice of Filing Deadline Due Process Violation, Allowing Late Challenge to Erroneous Parole Designation, by Dale Chappell
- Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim, by Douglas Ankney
- Massachusetts Supreme Court Announces ‘Habitual Offender’ Statute Allows for Sentence of Probation Only, by Dale Chappell
- Hawai’i Supreme Court Announces Clarification of When Self-Induced Intoxication Exception of HRS § 702-230 Applies, by Matthew Clarke
- STAR Program Redirecting Mental Health Emergency Calls Away From Police a Success in Denver, by Kevin Bliss
- Kentucky Supreme Court Announces Appellate Standard of Review for Domestic Abuse Exemption to Violent Offender Parole Eligibility, by Anthony Accurso
- Fifth Circuit: Evidence of Simple Drug Possession Insufficient to Search Cellphone Photos for Evidence of Drug Trafficking, by Anthony Accurso
- California Supreme Court Announces SB 1437 Bars Second-Degree Murder Based on Natural and Probable Consequences Doctrine, by Douglas Ankney
- New Drone Tech Being Deployed by Police, by Anthony Accurso
- Pennsylvania Supreme Court: Officer Testified as Expert on Child Sexual Abuse Without First Being Qualified and 42 Pa.C.S. § 5920 Overruled Dunkle, by Douglas Ankney
- "Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel", by Douglas Ankney
- D.C. Circuit: Differing Counsel Effectiveness Findings Create Possible Injustice in Wired Plea Offer, by David Reutter
- Second Circuit: Jury Instructions Regarding Defendant’s Motive to Testify Falsely Improper, by Anthony Accurso
- California Court of Appeal Overturns Child Sex Abuse Convictions Based on Prosecution’s Violation of Brady Obligations by Withholding Witness Impeachment Evidence, by Matthew Clarke
- Fourth Circuit: Conditions of Release Banning Internet Access and Legal Pornography Overbroad and Not Reasonably Related, by Douglas Ankney
- Kentucky Supreme Court Reverses Murder Convictions Due to ‘Flagrant Prosecutorial Misconduct’ in Misleading Jury, by Matthew Clarke
- Capitol Police Department Repeatedly Sued Over Racial Discrimination, by Casey Bastian
- Hundreds Serving Life Due to Less Than Unanimous Jury Verdicts, by Edward Lyon
- Nevada Supreme Court Reverses Conviction for Murdering Sixth Wife Due to Improper Prior Bad-Act Evidence Regarding Murder of Second Wife, by Matthew Clarke
- Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding, by Douglas Ankney
- Hidden Sentences, by Jayson Hawkins
- Law Degree for South Carolina Magistrates Optional, by Michael Fortino, Ph.D
- Policing Prostitution in New York, by Jayson Hawkins
- Tech Company Enables Total Surveillance, by Jayson Hawkins
- Image of Men Urinating on Grave Protected by First Amendment, by Michael Fortino, Ph.D
- Shifting View of Criminal Justice in U.S., by Jayson Hawkins
- Philadelphia Man Exonerated After Police Cover-Up Exposed, by Casey Bastian
- New Jersey Man Wrongly Arrested Due to Flawed Face Recognition Match, by Anthony Accurso
- Man Serving 505-Year Sentence Granted Compassionate Release Due to COVID-19
- Police Robo Stalkers in a Location Near You, by Douglas Ankney
- News in Brief
More from Dale Chappell:
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- 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
More from these topics:
- SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, March 15, 2025. AEDPA, Denial of Due Process.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024. Sex Offender Registration and Notification Act, Restrictions, discrimination, Constitutional Challenges/Law.
- Overthrowing the Constitution: All Sides Are Waging War on Our Freedoms, Nov. 1, 2024. Constitutional Challenges/Law.
- California Supreme Court Refuses Challenge to LWOP Sentence Imposed for Crime Committed After Age 18, Sept. 15, 2024. U.S. Sentencing Guidelines, Life without Parole (LWOP), Constitutional Challenges/Law.
- Condemned Alabama Prisoner Challenges Execution by Nitrogen Hypoxia, Aug. 15, 2024. Death Penalty, Constitutional Challenges/Law, Lethal Injection Method of Execution.
- Ninth Circuit Revives Former Nevada Prisoner’s Claim for Deprivation of Sentence Credit, Nov. 15, 2023. U.S. Sentencing Guidelines, Credits, Denial of Due Process.
- Former Connecticut Prisoner’s Challenge Proceeds Against “Pay-to-Stay” Fees, Sept. 15, 2023. Seizure of Prisoner Funds, Booking Fees, Constitutional Challenges/Law.
- Challenge Survives to Maryland County’s Cash Bond Program, Sept. 15, 2023. Bail Bonds, Constitutional Challenges/Law.
- Hawaii Supreme Court: Defendant’s Due Process Rights Violated by Prosecutor, Aug. 1, 2023. Self-Incrimination Clause, Denial of Due Process.
