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Name: Weeden v. Johnson
Case #: 14-17366
Court: US Court of Appeals
District 9 Cir
Opinion Date: 04/21/2017

State appellate court unreasonably applied clearly established U.S. Supreme Court precedent when it found that trial counsel made a reasonable tactical decision to not obtain a psychological evaluation of a fourteen-year-old defendant. Weeden was convicted of attempted robbery and felony murder and sentenced to twenty-nine years to life in prison for her role in a robbery that occurred when she was fourteen. She was not present at the scene of the crime, and the prosecution's case rested on evidence of her role in planning and facilitating the robbery. Weeden moved for a new trial and argued that her trial counsel…

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Name: In re Campbell
Case #: G052575
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/15/2017

Trial court erred in granting habeas petition without first issuing an order to show cause, warranting reversal. In 2012, Campbell was convicted of drug related charges, including several felony drug convictions. In 2015, Campbell's Proposition 47 petition to reduce his six prior felony convictions to misdemeanors was granted. Campbell then filed a petition for resentencing under Penal Code section 1170.18, followed by a habeas petition titled, "For Proposition 47 Resentencing Only." The habeas petition was filed pursuant to an expedited habeas procedure for Proposition 47 cases developed by the Orange County Superior Court. The district…

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Name: Nasby v. McDaniel
Case #: 14-17313
Court: US Court of Appeals
District 9 Cir
Opinion Date: 04/10/2017

Remand required where district court failed to review relevant portions of the state court record before denying federal habeas petition. Nasby was convicted of murder and conspiracy in Nevada. The state court affirmed the convictions on direct appeal. After unsuccessfully challenging his convictions in state collateral proceedings, Nasby filed a federal habeas petition. (28 U.S.C. § 2254.) The district court denied the petition without reviewing the relevant portions of the state record and relied solely on the Nevada Supreme Court's statement of facts. Held: Reversed and remanded. "[M]eaningful collateral review of the state court's adjudication of petitioner's claims requires…

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Name: A.T. v. Superior Court
Case #: A149772
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 03/30/2017

Juvenile court improperly denied minor's request for release to the custody of her mother in order to pressure her to accept a plea bargain. Police found A.T. and her brother with a gun that the brother's girlfriend's father had reported stolen. They were both charged with a number of firearm offenses in juvenile court. At a readiness conference, the prosecution offered A.T. and her bother a package deal that depended on both minors admitting the charges. A.T. requested to be released from detention to her mother's custody and the juvenile court denied the request. During this and a subsequent readiness…

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Name: Mahrt v. Beard
Case #: 15-16404
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/01/2017

Claim of pre-plea ineffective assistance of counsel (IAC) for failing to make a suppression motion is cognizable in federal habeas. After exhausting his claim in the state courts, Mahrt filed a federal habeas petition alleging that his trial attorney rendered IAC by failing to make a suppression motion. The district court granted relief. The government appealed, arguing that federal habeas relief was unavailable under Tollett v. Henderson (1973) 411 U.S. 258 because the suppression motion preceded Mahrt's guilty plea and that, even if federal habeas relief were available, the state court's decision rejecting the claim was not an unreasonable application…

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Name: Robertson v. Pichon
Case #: 15-16463
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/02/2017

State court did not unreasonably apply clearly established U.S. Supreme Court precedent by failing to suppress a suspect's statements that he made after he asked for counsel in response to a request to submit to a chemical test. Police pulled Pichon over after receiving a tip that he was driving under the influence. He was ultimately arrested. At the police station, Pichon refused a breath test and blood draw and demanded to speak with an attorney. After providing Pichon with warnings under Miranda v. Arizona (1966) 384 U.S. 436, police asked him about a billy club they found in his…

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Name: In re Miles
Case #: G046534
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/19/2017

Application of new, lower standard of proof for obtaining habeas corpus relief based on new evidence results in granting of writ for defendant convicted of 1998 robbery. A jury convicted Miles of participating in a 1998 robbery; three prior serious felonies were found true. He was sentenced to 75 years to life in prison. His robbery convictions were affirmed on direct appeal (although a gang enhancement was reversed). His initial state writ petition was denied. In 2012 he filed a second writ petition, attaching declarations from three men (Teamer, Steward, and Bailey) who confessed to the robbery and stated Miles…

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Name: Hudson v. Superior Court
Case #: E065645
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 01/24/2017

Prosecution for offering a false instrument (Pen. Code, § 115) precluded where more specific statute (Govt. Code, § 87203) applies to defendant's act of filing a statement of economic interest form that did not fully disclose her property interests. Hudson was the secretary of the board of directors for the Palo Verde Healthcare District. Among other offenses, a grand jury indicted Hudson for five felony counts of offering a false instrument (Pen. Code, § 115) for failing to list her husband's property on an annual economic interest form (Form 700). Hudson moved to dismiss the indictment on various grounds, including…

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Name: Fue v. Biter
Case #: 12-55307
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/17/2016

Federal habeas petitioner who waited 14 months to check on the status of the habeas petition that he filed in the California Supreme Court may be entitled to equitable tolling of the deadline for his federal habeas petition. Fue filed a habeas petition in the California Supreme Court. After 14 months, Fue checked on the status of the petition and was informed that there was no record of a pending petition (Fue later learned that the California Supreme Court had denied the petition six months after it was filed). Fue then filed a federal habeas petition, which was dismissed…

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Name: Maas v. Superior Court
Case #: S225109
Court: CA Supreme Court
District CalSup
Opinion Date: 11/07/2016

Under Code of Civil Procedure section 170.6, a party may challenge judge assigned to assess and rule on a petition for writ of habeas corpus at the initial stage of the habeas corpus process, before an order to show cause (OSC) has been issued. Maas filed a habeas petition in superior court. He requested the name of the judge assigned to rule on the petition but received no response. Shortly thereafter Judge Thompson summarily denied the petition. Maas filed a new petition in the Court of Appeal along with a declaration stating that he would have moved to disqualify Judge…

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