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California Court of Appeal: Assembly Bill 124 Applies Retroactively and Includes Psychological Trauma Based Upon Mental Illness as Mitigating Factor Under § 1170(b)(6)
Loaded on Aug. 15, 2022
by Harold Hempstead
published in Criminal Legal News
September, 2022, page 31
by Harold Hempstead
On April 8, 2022, the Court of Appeal of California, Fifth Appellate District, held that Assembly Bill No. 124 (2021-2022. Reg. Sess.) (Stats. 2021, ch. 695, §§ 5-6) (“AB-124”) applies retroactively to all judgments that were not yet final on the date that the law …
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More from this issue:
- Speed Trap Gold Mine, by Jayson Hawkins
- Indirect DNA Transfer Can Result in Miscarriages of Justice, by David Reutter
- Manhattan DA Launches Conviction Review Unit, by Jayson Hawkins
- New Jersey Supreme Court Announces Framework for Determining Constitutionality of Warrantless Protective Sweep of Home Where Arrest Is Made Outside the Home, by Douglas Ankney
- SCOTUS Holds AEDPA’s Restrictions on Habeas Relief Trump Federal Courts’ Authority Under All Writs Act, by Dale Chappell
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- Federal Habeas Corpus: Taking an Appeal After the Denial of Habeas Relief, by Dale Chappell
- First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Offense Insufficient, by Richard Resch
- How Many Federal Crimes Are There?, by Casey Bastian
- Vaccine Passports Raise Privacy Issues and Create a Class of Undesirables, by David Reutter
- First Circuit: Procedurally Unreasonable for District Court to Base Upward Variance on Defendant’s Prior Arrests, by Douglas Ankney
- SCOTUS Holds Attempted Hobbs Act Robbery Not a ‘Crime of Violence’ Under a § 924(c)(3)(A), by Dale Chappell
- Outdated Wiretap Law Gives Feds Easy Access to Metadata, by Anthony Accurso
- Law Enforcement Refuse to Admit Most Forensic Science Is Junk Science, by Casey Bastian
- California Court of Appeal: Exclusion of Expert Witness at SVP Trial as Remedy for Discovery Violation Constitutes Denial of Constitutional Due Process, by David Reutter
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More from Harold Hempstead:
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- Condemned Tennessee Prisoner Wins Fight Against Autopsy, June 15, 2023
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- Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention, May 15, 2023
- Condemned Tennessee Prisoner Wins Fight Against Autopsy, May 1, 2023
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- Maryland Court of Appeals: ‘No Objection’ to Introduction of Evidence at Trial That Was the Subject of Denied Motion to Suppress Does Not Waive Right to Appellate Review of Denial, March 15, 2023
More from these topics:
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- Wisconsin DOC Releases 1,700 Private Health Records by Mistake, Dec. 1, 2025. DOC/BOP misconduct, Medical Records, Mental Health, Visiting, Public Records Act.
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- Ninth Circuit Springs California Prisoners from “Catch-22” Reading of PLRA, Oct. 1, 2025. Filing Fees (PLRA), Mental Health.
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