×
You've used up your 3 free articles for this month. Subscribe today.
California Supreme Court Announces Suspended Execution of Sentence with Probation Imposed Is Not ‘Final’ so New Changes in Law Apply Retroactively on Appeal
by Dale Chappell
In a case that expands the retroactive application of new, more lenient laws passed by the Legislature after a defendant is convicted but is placed on probation with execution of the prison sentence suspended is not yet final where the defendant is still entitled to timely obtain ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- ShadowDragon: Inside the Social Media Surveillance Software That Can Watch Your Every Move, by Michael Kwet
- Report Chronicles Growing List of Exonerations, by Jayson Hawkins
- Racist Police Violence Reconsidered, by John McWhorter
- Excited Delirium Syndrome: Pseudo-Scientific Shield for Law Enforcement’s Violent Behavior, by Michael Fortino, Ph.D
- Colorado Supreme Court: Warrantless Pole Camera Surveilling and Recording of Curtilage for Over Three Months Constitutes an Illegal Search, by Douglas Ankney
- Proliferation of Anti-Riot Laws Spurs Nationwide Legal Challenges, by Casey Bastian
- How Law Enforcement Get Past Phone Encryption, by Anthony Accurso
- Minnesota Supreme Court Announces Two-Year Time Limit of § 590.01, subd. 4(c) Runs From Date of Court Decision, by Douglas Ankney
- First Circuit: Defendant Entitled to Withdraw Plea Where Government Withdrew From Plea Agreement Based on Defendant’s Breach, by Douglas Ankney
- Law Proposed to End Sales of Private Data to Law Enforcement, by Anthony Accurso
- Wisconsin Supreme Court Announces Incapacitated Driver Provision of Implied Consent Statute Unconstitutional, by Douglas Ankney
- Law of Unintended Consequences: How Defunding the Police Leads to Salary Increases, by Casey Bastian
- Washington Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Introduction of Inadmissible Evidence, by Douglas Ankney
- Is It Time to Stop Relying on the Cops?, by Casey Bastian
- Michigan Supreme Court: Parole-Revocation Prison Term Imposed as Result of Separate Wrongful Conviction Is Included in Compensation Under WICA, by Douglas Ankney
- Maine Supreme Judicial Court Reverses Denial of Suppression Motion and Vacates Murder Conviction, by Douglas Ankney
- D.C. Circuit Joins Seven Other Circuits in Holding USSG § 1B1.13 Doesn’t Apply to Compassionate Release Motions Filed by Prisoners, by Dale Chappell
- New Jersey Supreme Court Announces Framework for Requesting Criminal Background Check of Potential Juror and Calls for Judicial Conference to Explore Nature of Discrimination in Jury Selection Process, by Douglas Ankney
- First Circuit Orders New Trial Following Detailed Discussion of Entrapment Defense and When Courts Must Give Jury Instruction, by Douglas Ankney
- Maryland Court of Appeals Announces Standard for Whether Scientific Evidence Is ‘Testimonial’ for Confrontation Right Purposes Under Article 21 of Maryland Declaration of Rights, by Douglas Ankney
- NYPD Training Deprioritizes First Amendment Education in Policing Protests, by Casey Bastian
- USPS Reveals Social Media Surveillance Program, by Anthony Accurso
- California Supreme Court Announces Hearsay Regarding Nonpredicate Offenses in Psychological Evaluation Reports Inadmissible in SVP Probable Cause Hearings, by Douglas Ankney
- Rhode Island Supreme Court: Conclusory Statutory Language to Describe Purported Child Porn Image Used to Support Search Warrant Affidavit Invalidates Warrant, by Anthony Accurso
- When Life Is No Better Than Death, by Jayson Hawkins
- Texas Man Positively Identified by Six Eyewitnesses and Sentenced to Life Granted Actual Innocence Relief as Result of DNA Evidence, by Casey Bastian
- California Supreme Court Announces Suspended Execution of Sentence with Probation Imposed Is Not ‘Final’ so New Changes in Law Apply Retroactively on Appeal, by Dale Chappell
- Montana Supreme Court: Detainee Entitled to Pre-Sentence Credit for Time Served Regardless if Also Held in Connection With Another Matter in Another County, by Douglas Ankney
- Colorado Supreme Court Announces Mandatory Lifetime Sex Offender Registration Unconstitutional for Juveniles With Multiple Adjudications, by Dale Chappell
- New Mexico Abolishes Qualified Immunity, by Michael Fortino, Ph.D
- Missouri Supreme Court: IAC Where Guilty Plea Based on Counsel’s Assurance Defendant Eligible for Drug Treatment Program When, as Matter of Law, Ineligible, by David Reutter
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:
- Florida Prisoner Returns to Custody After Overturned Conviction Reinstated, May 1, 2025. False Statements/Perjury, Resentencing, Witnesses - Prior Statements/Testimony, Effect of Vacatur, Brady/Giglio/Jencks Act Issues.
- Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant, April 15, 2025. U.S. Sentencing Guidelines, Resentencing, Bank Fraud/Robbery/Theft, Probation, Parole & Supervised Release, Eligibility for Parole.
- Connecticut Supreme Court Announces Teague’s ‘Watershed’ Rule Exception to Nonretroactivity of New Constitutional Rule of Criminal Procedure on Collateral Review Has ‘Continued Vitality’ in Connecticut, Adoption of Third Exception to Teague’s Nonretroacti, April 15, 2025. Retroactivity, Criminal Procedure, Federal Rules of Criminal Procedure, Eyewitness Identification.
- Alabama Governor Commutes Death Sentence, April 1, 2025. Death Penalty/Death Row, Resentencing.
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025. Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility.
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025. Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment.
- First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners, Feb. 1, 2025. First Step Act, Resentencing, Credits.
- California Court of Appeal Announces Youthful Defendants Sentenced to Terms ‘Functionally Equivalent’ to LWOP Entitled to Resentencing Under § 1170(d), Feb. 1, 2025. Life without Parole (LWOP), Resentencing, Juvenile Offenses/Offenders.
- Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires, Jan. 15, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Resentencing, Revocation Proceedings, Overreaching.
- Biden Commutes Sentences of Most Federal Prisoners on Death Row, Jan. 15, 2025. Alternative Sentencing, Death Penalty/Death Row, Resentencing.
