California Supreme Court Announces Single Criminal Act Harming Multiple Victims Constitutes Only One Strike Under Three Strikes Law by David Kim by David Kim The Supreme Court of California unanimously held that the rule established in People v. Vargas, 328 P.3d 1020 (Cal. 2014), requiring a trial court to dismiss …

Sixth Circuit: Erlinger Error Requires Resentencing Where Government Cannot Prove Beyond Reasonable Doubt That Jury Would Find Prior Offenses Committed on Different “Occasions” by Anthony Accurso by Anthony W. Accurso The United States Court of Appeals for the Sixth Circuit held that the U.S. District Court for the Western District …

Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit held that because a conviction under Pennsylvania’s first-degree aggravated assault statute, 18 Pa. Cons. …

Supreme Court of California: After Amendments to Three Strikes Law, Courts Retain Concurrent Sentencing Discretion for Qualifying Offenses Committed on Same Occasion or Arising From Same Operative Facts by Douglas Ankney by Douglas Ankney The Supreme Court of California held that after amendments to the Three Strikes law, trial courts …

Army Veteran Serving Life Without Parole for Taking $9 by Douglas Ankney by Douglas Ankney Willie Simmons became addicted to drugs while in the Army and stationed abroad. In 1982, he was in Alabama and “in need of a quick fix.” Simmons wrestled a man to the ground and took …

Ninth Circuit: Proposition 47 Creates New, Intervening Judgment to Allow Another Federal Habeas Petition Attacking Entire Case by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held on January 30, 2020, that the “reclassification” of a prior conviction as a misdemeanor under Proposition 47 …

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