Articles Posted in 8th Amendment Cases

Navigating the complexities of the California criminal justice system, especially when it comes to sentencing and resentencing, can be daunting. If you or a loved one is serving a lengthy prison sentence, it is important to fully understand all possible options for relief. In this post, our Los Angeles and Orange County Criminal Defense and…

Navigating the criminal justice system can be complex, particularly when it comes to understanding the rights and processes involved in challenging a conviction or sentence. For those seeking to overturn wrongful convictions or address issues related to imprisonment, the state petition for writ of habeas corpus is a critical legal tool. This guide, based on…

On August 8, 2022, the California Supreme Court decided a long-awaited case that affects SB 1437 Petitions for individuals convicted of Special Circumstance Murder when they ruled in the case of People v. Christopher Strong. Specifically, the Supreme Court ruled that some special circumstance findings do not automatically preclude defendants from SB 1437 relief. Background Regarding SB 1437…

The writ of habeas corpus, or the “Great Writ” as it is also known, is a powerful tool. The writ of habeas corpus calls for the review of an individual’s incarceration, requiring the government to justify why it is holding someone in custody. When properly used, a writ of habeas corpus can compel the release…

A Franklin hearing is a procedural mechanism that allows a person convicted of a serious crime to present evidence of their youthfulness, not to excuse their actions but to put them into context. Franklin hearings arose out of a 2016 case involving a 16-year-old boy who shot and killed another teenager. At trial, Tyris Lamar…