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California Court of Appeal Holds Defendant Suffering From ALS and Near Death Entitled to Compassionate Release

Loaded on Sept. 1, 2024 by Sam Rutherford published in Criminal Legal News September, 2024, page 32
Filed under: Nervous System, Failure to Treat, Compassionate Release. Location: California.

by Sam Rutherford

The California Court of Appeal, Fourth District, reversed a trial court’s refusal to grant compassionate release to a defendant diagnosed with amyotrophic lateral sclerosis (“ALS”) who had less than a year to live at the time of the release hearing. The Court held that the fact the ...

 

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  1. DNA Databases, Privacy Concerns, and Noble Cause Bias, by Michael Thompson
  2. Third Circuit Announces Rehaif Applies Retroactively to Cases on Collateral Review and Rules Second-in-Time § 2255 Petition Not Successive Where Defendant Resentenced Prior to Second Petition, by Sam Rutherford
  3. Ninth Circuit Announces Issues Not Raised in Prior Appeal Are Not Waived on Subsequent Appeal Following De Novo Resentencing, by Douglas Ankney
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  5. Law Review Article Reports Metadata on Victims of Coercive Plea Bargaining, by Matthew Clarke
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  7. Maryland Governor Pardons Thousands of Low-Level Marijuana Convictions, Seeking to Right Historical Wrongs, by Jo Ellen Nott
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  10. The Steady Slide Towards Tyranny: How Freedom Dies from A to Z, by Nisha Whitehead, John W. Whitehead
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  12. Indiana Supreme Court Announces Proper Procedural Framework for Civil Forfeiture and Who Constitutes an ‘Owner’, by Sam Rutherford
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  14. Maryland Eliminates Parole Fees, by Douglas Ankney
  15. California Court of Appeal Holds Defendant Suffering From ALS and Near Death Entitled to Compassionate Release, by Sam Rutherford
  16. Forensic Microbiology and Criminal Investigations, by Douglas Ankney
  17. The FBI Really Doesn’t Want the Public to Know About This Surveillance Device, by Michael Thompson
  18. Thousands of Americans’ Mail Monitored by Law Enforcement, Records Reveal, by Jo Ellen Nott
  19. Tenth Circuit: Mere Presence in Vehicle Used to Transport Large Quantity of Drugs Insufficient to Establish Necessary Intent for Conspiracy Conviction, by Anthony Accurso
  20. California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393, by Matthew Clarke
  21. New Mexico Supreme Court Holds Double Jeopardy Applies When Prosecutor’s Misconduct Willfully Disregarded Resulting Mistrial, by Matthew Clarke
  22. Texas Court of Criminal Appeals Holds Admission of Defendant’s Rap Videos at Trial Was Unfair Propensity Evidence and Orders New Trial, by Sam Rutherford
  23. Woman Left Handcuffed in Parked Cop Car Struck by Train Settles Suit for $8.5 Million, by Douglas Ankney
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