Nov. 17, 2017
1. More Sentencing Reform - AB 1308 and SB 394
The Governor has signed two laws expanding youth offender parole: (1) AB 1308 (extending Penal Code Section 3051’s early parole eligibility to youth who were 23, 24, and 25 years old at the time of the offense; and (2) SB 394 (essentially ending juvenile LWOP).
A memo describing the changes and providing a sample argument for pending and non-final appeals was emailed to the FDAP panel on Nov. 17, 2017.
2. SCOTUS Reminders
Electronic filing has arrived at a Supreme Court of the United States near you, effective on November 13, 2017. Paper will remain the official filing and counsel will be expected to submit an electronic copy "at or near the time" the paper copy is delivered to the Court. Visit the Court's website to review the helpful FAQs and to register in advance for the electronic filing.
Two summaries decisions from SCOTUS last week, both reversing decisions by federal appellate courts granting habeas relief (see SCOTUSblog post), are reminders of the difficulty of satisfying the rigorous standards of federal habeas review and the importance of considering a certiorari petition from the state court decision. Contact your FDAP consulting attorney if you think a certiorari petition is called for in your case. And you'd be wise to take a look at Brad O'Connell's 2015 article entitled, "Cool Ideas for Cert. Petitions and Petitions for Review," which expounds on these concerns.