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Name: Durden v. California
Case #: 00-6479
Court: US Supreme Court
District USSup
Opinion Date: 02/20/2001
Subsequent History: 121 S.Ct. 1183; 148 L.Ed.2d 1027

Justices Souter and Breyer joined together here, dissenting from the denial of the petition for writ of certiorari. Citing Riggs v. California (1999) 525 U.S. 1114, they noted that the primary reason for denying that certiorari petition was the expectation that rulings by lower courts on the issues would be valuable. The Justices noted that two years after Riggs, the California Supreme Court had not reviewed the issue, and the federal district courts have uniformly denied relief to California prisoners like this one. Moreover, the Ninth Circuit has not considered the issue. Rather than waiting for…

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Name: U.S. v. Tighe
Case #: 00-30263
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/24/2001
Subsequent History: None

The district court violated Apprendi v. New Jersey (2000) 530 U.S. 466, when it counted as a predicate offense for purposes of the Armed Career Criminal Act a prior juvenile adjudication. Apprendi requires that other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the statutory maximum must be submitted to a jury and proved. The "prior conviction" exception to Apprendi’s general rule must be limited to prior convictions that were obtained through proceedings that included the right to a jury trial. Therefore, the prior convictions exception…

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Name: Williams v. Superior Court
Case #: B148802
District 2 DCA
Division: 2
Opinion Date: 09/26/2001
Subsequent History: None

A conviction under Penal Code section 245, subdivision (a)(1) for an assault with intent to commit great bodily injury is not a serious felony within the meaning of section 1192.7, subdivision (c)(31) when it is not an assault with a deadly weapon or firearm or an assault on a peace officer. Therefore, where one of petitioner’s prior "strikes" was a 1999 conviction for assault where petitioner struck the victim with his fist, the prior conviction was not a serious felony within the meaning of that section, and his motion to strike the prior conviction should have been…

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Name: People v. Jenkins
Case #: B139842
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 01/29/2001
Subsequent History: Review denied 4/25/01

Appellant was properly sentenced under the Three Strikes law to two consecutive life-term sentences for one count of attempted first degree murder and one count of assault with a deadly weapon where the offenses were not committed on the same occasion and based on the same set of operative facts. Appellant contended that under People v. Lawrence (2000) 24 Cal.4th 219, the trial court did not have to sentence him to mandatory consecutive sentences. However, appellant assaulted one victim at the top of the stairs while he was trying to enter a bedroom where the second victim, another…

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Name: In re Jensen
Case #: D036480
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/13/2001
Subsequent History: Rev. denied 12/19/01.

Appellant’s petition for writ of habeas corpus was granted where the trial court treated a prior juvenile adjudication as a "strike." The prior conviction was for voluntary manslaughter, committed when appellant was 17 years old. He was found fit for juvenile court and given a maximum confinement time of 6 years. In People v. Garcia (1999) 21 Cal. 4th 1, the California Supreme Court held that a prior juvenile adjudication is not a strike unless it was for an offense listed in Welfare and Institutions Code section 707(b). Because the offense adjudicated was not such an…

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