Denial of Due Process Archives

Categories: Constitutional Rights, Denial of Due Process, Extraordinary Remedies, Habeas Corpus (Federal), Sentencing

Summary

Where defendant was denied a full and fair hearing on his challenge to the validity of a strike prior, he may challenge an enhanced sentence for a later offense on the ground the prior conviction was unconstitutionally obtained. When he…

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Name: People v. Stuckey

Case #: C057782

Opinion Date: 07/09/2009

Categories: Constitutional Rights, Denial of Due Process, Evidence at Hearing/Burden, Sentencing

Summary

A defendant has no statutory right to appointment of an expert for a sentencing hearing and any constitutional right that may exist is qualified. Appellant was on probation in two cases for drug offenses when he was arrested for and…

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Name: People v. Lozano

Case #: B189649

Opinion Date: 05/18/2007

Categories: Denial of Due Process, Sentencing

Summary

Blakely error is not "structural" but is subject to the harmless beyond a reasonable doubt standard. (Washington v. Recuenco (2006) 548 U.S. ___ [126 S.Ct. 2546].) Here the jury found appellant guilty of a vandalism where the evidence established a…

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Name: United States v. Albino

Case #: 05-10146

Opinion Date: 12/08/2005

Categories: Cruel and Unusual Punishment, Denial of Due Process, Sentencing

Summary

An offender's statutory-minimum ten-year term for growing marijuana was not unconstitutional. The defendant argued the federal statute which classifies 1,000 or more marijuana plants, regardless of weight, as being equal to 1,000 or more kilograms of harvested marijuana for purposes…

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Name: People v. Ornelas

Case #: B181829

Opinion Date: 11/28/2005

Categories: Denial of Due Process, Sentencing

Summary

At Ornelas's sentencing following a plea of no contest to assault with a deadly weapon, the trial court failed to inquire whether Ornelas had any legal cause to show why judgment should not be pronounced against him (Penal Code section…

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Name: People v. Hill

Case #: B176701

Opinion Date: 08/09/2005

Categories: Constitutional Rights, Defenses, Denial of Due Process, Discovery, General Principles, Jury Instructions, Justification for act: homicide or assault, Pretrial Motions, Sentencing

Summary

Appellant was charged with attempted voluntary manslaughter of two police officers, after firing a gun in the direction of the officers' vehicle. Prior to trial, appellant filed a Pitchess motion seeking discovery of police records of the officers. The motion…

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Name: People v. Tanner

Case #: D043571

Opinion Date: 05/10/2005

Categories: Denial of Due Process, Drug Treatment, Sentencing

Summary

Revocation of defendants Proposition 36 probation was premature because the prosecution had failed to make three separate formally noticed petitions before revoking his probation solely for drug-related reasons. The court here counted the number of violations admitted rather than the…

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Name: People v. Palacios

Case #: D042461

Opinion Date: 02/02/2005

Categories: Base Term Selection, Constitutional Rights, Denial of Due Process, Double Punishment (PC 654), Enhancements, Sentencing

Summary

A trial court erred in imposing multiple enhancements for discharging a firearm where there was only one shot fired at a single victim. After concluding that substantial evidence supported the defendants convictions for attempted murder, kidnapping for robbery, and kidnapping…

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Name: People v. Emerson

Case #: C045613

Opinion Date: 11/18/2004

Categories: Constitutional Rights, Denial of Due Process, Sentencing

Summary

The court properly sentenced appellant to the upper term where he had nine prior convictions for driving while intoxicated. The court rejected a Blakely v. Washington (2004) 159 L.Ed.2d 403 challenge to the upper term sentence, finding that the Supreme…

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Name: People v. Eckley

Case #: F042343

Opinion Date: 11/02/2004

Categories: Denial of Due Process, Probation Report, Sentencing

Summary

Resentencing is required where a sentencing court relied on documents containing factual misstatements in denying probation and selecting a prison term. Following defendant's convictions for abusing her son and daughter by failing to timely seek medical treatment for them, the…

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