Mitigating Factors

Name: People v. Medrano
Case #: E070042
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/04/2019
  • Categories: Minor Found Unfit, Mitigating Factors, Sentencing

A youth offender sentenced after People v. Franklin (2016) 63 Cal.4th 261 was not entitled to a remand to make a record of mitigating youth-related evidence, but may file a motion under Penal Code section 1203.01 pursuant to In re…

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Name: In re Cook
Case #: G050907
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/10/2017
  • Categories: Cruel and Unusual Punishment, Mitigating Factors, Sentencing

Petitioner, who committed homicide offenses when he was a minor, is entitled to a Franklin hearing to make a record of mitigating evidence tied to his youth. Cook's convictions for first degree murder, attempted premeditated murder, and personal use of…

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Name: Daire v. Lattimore
Case #: 12-55667
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/19/2015
  • Categories: Extraordinary Remedies, Habeas Corpus (Federal), Habeas Corpus (State), Ineff. Assist. Counsel (IAC), Mitigating Factors, Right to Counsel, Sentencing

State court did not unreasonably apply the Strickland standard when it concluded that defense counsel did not render ineffective assistance by failing to admit evidence of defendant's bipolar disorder as a mitigating factor during sentencing. Daire was convicted of residential…

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Name: People v. Hernandez
Case #: C067260
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/11/2014
Subsequent History: Review granted 4/1/2015: S224383
  • Categories: Cruel and Unusual Punishment, Limitations on, Minor Found Unfit, Mitigating Factors, Sentencing

Juvenile offender's sentence of 61 years to life for nonhomicide offenses violates the Eighth Amendment despite the fact that Penal Code section 3501 (SB 260) allows him to seek parole after 25 years. Hernandez was convicted of two counts of…

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Name: In re Heard
Case #: D063181
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/22/2014
Subsequent History: Review granted 4/30/2014: S216772
  • Categories: Cruel and Unusual Punishment, Minor Found Unfit, Mitigating Factors, Sentencing

Juvenile's sentence of 23 years for voluntary manslaughter and 80 years to life for nonhomicide offenses constitutes cruel and unusual punishment. Heard was convicted of two counts of attempted first degree murder, plus gang and gun enhancements, and pled guilty…

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Name: People v. Murray
Case #: B223024
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 02/06/2012
  • Categories: Areas Constitutional Law, Cruel and Unusual Punishment, Mitigating Factors, Other, Sentencing

The categorical rule of Graham v. Florida (2010) __ U.S. __, 130 S.Ct. 2011, 2023, 2034, prohibiting no-parole life sentences for minors who are convicted of non-homicide offenses does not apply to a minor who commits multiple murders. Murray entered…

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Name: People v. Nitschmann
Case #: B210291
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 03/03/2010
  • Categories: Guilty Pleas, Mitigating Factors, Pleas, Sentencing

Although a defendant has a right of allocution prior to sentencing, the judge has no sua sponte duty to offer the defendant allocution and defendant forfeits the right if he does not offer to testify. Appellant, a defendant with a…

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Name: People v. Strohman
Case #: B134371
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/23/2000
Subsequent History: Petition for review den. 1/30/01
  • Categories: All Other Crimes, Crimes, Crimes Against Property, Mitigating Factors, Sentencing

Disagreeing with People v. King (2000) 81 Cal.App.4th 472, the Second District here held that receiving stolen property is not a necessarily included offense of operating a "chop shop" in violation of Vehicle Code sections 250, and 10801. Because a…

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Name: People v. Grayson
Case #: C030812
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/29/2000
Subsequent History: Review denied 12/13/00
  • Categories: Abuse of Discretion, Admitting/Excluding, All Other Crimes, Consecutive Offenses, Crimes, Crimes Against the Person, Double Punishment (PC 654), Evidence, General Principles, Ineff. Assist. Counsel (IAC), Jury Instructions, Lesser-Included Offenses, Marsden, Mitigating Factors, Right to Counsel, Sentencing

While the trial court may have erred in failing to exclude, under Evidence Code section 352, a letter found among the effects of one of the defendants, neither defendant suffered any prejudice from its admission. The inference that one of…

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Name: Penry v. Johnson
Case #: 00-6677
Court: US Supreme Court
District USSup
Opinion Date: 06/04/2001
Subsequent History: None
  • Categories: Mitigating Factors, Sentencing

The trial court did err when it failed to follow the mandates of Penry v. Lynaugh (1989) 492 U.S. 302, ("Penry I"), by failing to instruct the jury in a manner which would allow them to consider and give effect…

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