19 Cited authorities

Miller v. Alabama
567 U.S. 460 (2012) Cited 6,836 times 63 Legal Analyses
Holding mandatory life without parole sentences unconstitutional for all juvenile offenders
Graham v. Florida
560 U.S. 48 (2010) Cited 4,408 times 46 Legal Analyses
Holding life without parole sentences unconstitutional for non-homicide juvenile offenders
Montgomery v. Louisiana
577 U.S. 190 (2016) Cited 3,089 times 15 Legal Analyses
Holding that Miller v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407, which held as unconstitutional mandatory life imprisonment without parole for juvenile offenders, announced a new substantive rule of constitutional law that must be given retroactive effect
People v. Gutierrez
58 Cal.4th 1354 (Cal. 2014) Cited 1,147 times 1 Legal Analyses
Holding that construing a sentencing statute as establishing "a presumption in favor of life without parole [for juvenile homicide offenders] raises serious constitutional concerns under the reasoning of Miller and the body of precedent upon which Miller relied"
People v. Franklin
63 Cal.4th 261 (Cal. 2016) Cited 1,016 times
Finding Miller issues moot with regard to defendants subject to § 3051, subd. (b)-, which provides for parole hearings for certain juvenile offenders no later than their 25th year of incarceration
People v. Mooc
26 Cal.4th 1216 (Cal. 2001) Cited 1,398 times
Holding the trial court should make a record of the documents it examined before ruling on a Pitchess motion, and can do so by describing the documents on the record
People v. Canty
32 Cal.4th 1266 (Cal. 2004) Cited 246 times
In Canty, the Supreme Court considered whether a defendant convicted of transporting methamphetamine, a felony, and driving a vehicle while under the influence of a controlled substance, a misdemeanor, has been “ ‘convicted in the same proceeding of a misdemeanor not related to the use of drugs' ” within the meaning of section 1210.1, subdivision (b)(2), and section 1210, subdivision (d).
People v. Rhodes
126 Cal.App.4th 1374 (Cal. Ct. App. 2005) Cited 74 times
Rejecting equal protection argument that second degree murder of a peace officer engaged in the performance of his duties cannot rationally be punished more harshly than first degree murder of an off-duty officer
People v. Gibson
2 Cal.App.5th 315 (Cal. Ct. App. 2016) Cited 31 times
Affirming trial court's finding of lack of genuine remorse and rehabilitation based on the brevity of the period of good conduct
State v. Mares
2014 WY 126 (Wyo. 2014) Cited 28 times
Holding that a similar statute had “converted” juvenile offenders' sentences “by the operation of the amended statutes” regardless of when those juveniles were originally sentenced, and that no judicial intervention was required to effectuate their new parole eligibility
Section 6-10-301 - Life imprisonment without parole; life imprisonment
Wyo. Stat. § 6-10-301 Cited 110 times
Making juvenile homicide offenders eligible for parole after 25 years
Section 3375.2 - Administrative Determinants
Cal. Code Regs. tit. 15 § 3375.2 Cited 29 times
(a) An inmate meeting one or more of the following administrative or irregular placement conditions, known as administrative determinants, may be housed in a facility with a security level which is not consistent with the inmate's placement score: (1) An inmate requires an outpatient or higher degree of medical or psychiatric care at a facility specifically staffed for the type of treatment necessary. (2) An inmate with a history of sex crimes designated in section 3377.1(b) shall not be housed in
Rule 8.71 - Electronic filing
Cal. R. 8.71
(a) Mandatory electronic filing Except as otherwise provided by these rules, the Supreme Court Rules Regarding Electronic Filing, or court order, all parties are required to file all documents electronically in the reviewing court. (Subd (a) amended effective January 1, 2020.) (b)Self-represented parties (1) Self-represented parties are exempt from the requirement to file documents electronically. (2) A self-represented party may agree to file documents electronically. By electronically filing any

KIRCHNER (KRISTOPHER) ON H.C.

19 Cited authorities

Holding mandatory life without parole sentences unconstitutional for all juvenile offenders

Holding life without parole sentences unconstitutional for non-homicide juvenile offenders

Holding that Miller v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407, which held as unconstitutional mandatory life imprisonment without parole for juvenile offenders, announced a new substantive rule of constitutional law that must be given retroactive effect

Holding that construing a sentencing statute as establishing "a presumption in favor of life without parole [for juvenile homicide offenders] raises serious constitutional concerns under the reasoning of Miller and the body of precedent upon which Miller relied"

Finding Miller issues moot with regard to defendants subject to § 3051, subd. (b)-, which provides for parole hearings for certain juvenile offenders no later than their 25th year of incarceration

Holding the trial court should make a record of the documents it examined before ruling on a Pitchess motion, and can do so by describing the documents on the record

Rejecting equal protection argument that second degree murder of a peace officer engaged in the performance of his duties cannot rationally be punished more harshly than first degree murder of an off-duty officer

Affirming trial court's finding of lack of genuine remorse and rehabilitation based on the brevity of the period of good conduct

Holding that a similar statute had “converted” juvenile offenders' sentences “by the operation of the amended statutes” regardless of when those juveniles were originally sentenced, and that no judicial intervention was required to effectuate their new parole eligibility

Making juvenile homicide offenders eligible for parole after 25 years