SUCCESSFUL HABEAS CORPUS CASES OF THE FIRM
The Firm and Clients have been fortunate to win Habeas Corpus cases. How important are these cases? We can only say that every winning case is important for every Prisoner who goes home, whose sentence is lowered by years, who is transferred to a better custody situation, or has important privileges or pre-release programs restored. The win touches and changes a life.
Confidentiality of every client of the firm is an absolute standard of our representation. Therefore, names are omitted from the descriptions of these winning cases to protect client confidentiality.
A history of success adds up.
Some of the winning cases are:
- A man was convicted of First Degree Murder in Southern California and sentenced to Life without the possibility of Parole. The case involved the allegation he strangled his wife. The jury convicted him on circumstantial evidence of premeditated murder. He lost his appeal. He was about to give up hope. His family convinced him he had received ineffective assistance of counsel at trial, a constitutional issue. His family convinced him be should try to win his freedom in Federal Court. Our firm was sponsored by the family and retained for him. We filed a Federal Habeas Corpus case for him pursuant to 28 U.S.C. section 2254. That case was litigated in Federal Court. It was one of the cases in which the late Father Bob Curren participated with intellectually sound and wise help and advice. This case was won in Federal Court, and the Client came home to his family for the rest of his life.
- A Federal Court Petition under 28 U.S.C. section 2255 is Granted. The client goes home many years before bis sentence would have been over. This client, serving a lengthy term for Cocaine trafficking and possession of a firearm while trafficking, had his conviction reversed on habeas Corpus overturning the firearm conviction. Our legal research proved to the Court the firearm in his possession was insufficiently causally related to his transportation of cocaine. By overturning the gun charge, the client came home years before the completion of his lengthy sentence.
- A Lifer in state custody had dangerous enemies in the prison in which he was housed. His enemies were on the same yard with him. The firm filed a Writ of Habeas Corpus for transfer to a better prison closer to the prisoner’s family with placement in a sensitive needs yard. The Attorney General opposed. At an evidentiary hearing, the Writ was granted and the client was t ra nsferred. His family was happy and relieved by this victory.
- A major FEDERAL CASE: A Federal Hate Crime. Appeal of District Court denial of 28 U.S.C. section 2255 Federal Habeas Petition. Result: Order issued by Ninth Circuit to grant writ of habeas corpus in the bate crime for ineffective assistance of counsel included Order District Court and GRANT PRISONER’S FREEDOM
- Superior Court grants Client’s writ of habeas corpus at evidentiary hearing, setting aside 6 year, 8 month first degree burglary conviction, and freeing client, ordering time served based on lesser charge. A great bodily injury enhancement was struck by the Court and overturned. Result: freedom.
- California Supreme Court partially grants Writ of Habeas Corpus for a man serving Life. This ”three strikes” life sentence through effective legal research and presentation of the case the firm proved to the satisfaction of the high court the conviction violated the case People v. Deloza (1998) 18 Cal. 4th 585. The Supreme Court struck the life sentence, leaving only conviction for underlying charges with a lesser sentence . Result sentence reduction overturning the Life sentence and leaving the opportunity for an earlier parole.
- Ninth Circuit grants our Client’s Federal Appeal concerning tolling under 28 U.S.C. section 2244(d) (1). Result: Appeal is won, and the case remanded to federal district court for decision on the merits. A victory for the client and the constitution.
- Superior Court grants a Writ of Habeas Corpus our firm brought for our Client. This happened at an evidentiary hearing in which the Attorney General opposed. The Court ‘s Decision: Writ granted overturning Board of Prison Term’s denial of parole at the Life Parole Consideration hearing. The Superior Court ruled our Client was denied due process entitled to a fair parole hearing. Our client was Paroled and went home.
- The firm wins Writ of Habeas Corpus brought by Client facing unfair charges of drug trafficking in pr ison. The Court granted an evidentiary hearing. Prison guard testified against our clients, and we cross-examined them. Our Client and some other prisoners testified in his support. The Superior Court dismissed the charges of drug trafficking in prison on insufficient evidence. The Court found it believed our client and prisoner witnesses, and did not believe the correctional officers involved. Sometimes the truth will prevail.
- Sacramento County Superior Court grants a prisoner’s writ of habeas corpus at an evidentiary bearing conducted by our firm. The Client had served four and one half years of a 28 year sentence for carjacking. The Habeas bearing was based on ineffective assistance of counsel by the public defender for failure to bring expert an expert witness to trial to prove client medically incapable of committing the carjacking as opposed to merely offering a defense the purportedly “forceful” taking of the car was a trade for dr ugs. Our Writ of Habeas Corpus was granted and our client came home. The Client was set free from a 28 year prison sentence. When the State tried to bring a new information to retry him , our firm won a motiondismissing the charge as untimely. Our Client was freed from Prison with no parole.
- Our Client was found guilty in Prison of a CDC 115. The 115 was for drug trafficking in prison. The firm exhausted his administrative remedies and filed a Writ of Habeas Corpus for him. The Superior Court granted a full evidentiary hearing. Our client testified. Evidence was brought out by our firm that was not allowed and suppressed at the prison 115 hearing proving by clear and convincing evidence our client was not guilty and prison guards holding the 115 hearing had not acted constitutionally. The court agreed. The Court expunged the 115 hearing from our client’s C file and all allegations of drug trafficking in prison and issued an order reinstating all his privileges, work program, and early release programs. Sometimes fairness wins.
- Our firm filed a Writ of Habeas Corpus for our Prisoner Client, housed at a remote prison in California’s Mojave desert. This Writ filed in Superior Court alleged prison mistreatment of our Client by locking him in “Shu” longer than his 115 sentence to Shu for s fight on the yard. At an evidentiary hearing of our Writ, an honest Judge granted the Writ. The Judge ordered our client released from Shu immediately and placed on a “sensitive needs yard” to provide him proper conditions of confinement. Sometimes fairness Wins.
- Our Prisoner Client had an “R” Suffix placed in his C file by a classification committee. Our Firm filed a WRIT OF HABEAS CORPUS. The Writ argued the Client was unfairly been given an “R” suffix (rape designation) by the prison committee because the true facts were there was insufficient evidence of a rape. Our Writ further set forth our client was harmed by the incorrect and unjust “R” suffix because it automatically denied and deprived of many privileges, including pre-release privileges and eventual work release. An evidentiary hearing was granted. The Firm summoned a Police Detective to Court to prove prison committee’s were “conclusions” untrue as established by our cross-examination of the Police Detective who bad investigated the matter. The Judge agreed and Granted our Client’s Writ. The Judge ordered the “R” Suf:fix expunged from the Client’s C file and also order that all of his privileges, programs, work privileges, and early-release opportunities be fully restored to him.
- Our Prisoner Client suffered from Polio. He was in a wheelchair. The client was provided unfair conditions in prison, including a cell in which he had to craw to get into his wheel chair, lack of crutches on the yard, and confinement causing him to lose upper body strength. The Client, a highly educated man, believed his conditions of confinement were unconstitutional because they violated the 8th Amendment, cruel and unusual punishment. Other law firms turned his case down. Those firms thought the 8th Amendment was not in favor with the court system in these times and a Judge would not grant his case. Our Firm disagreed. His case was just and he needed an opportunity to have it heard in the Court system. Our firm filed a Writ of Habeas Corpus for this disabled client on the grounds the Prison system could not and did not treat him humanely, and that his incarceration violates the Eighth Amendment to the United States Constitution. Our Writ alleged the prison could not provide our client with humane living conditions. Our Writ based solely on Eighth Amendment requested his release based on detailed medical evidence of his Polio and evidence of his treatment in prison. Result: This was a unique case. Contrary to what other Law Firms had told him that the Eighth Amendment was basically dead, the Superior Court Judge agreed with our Writ and Granted the Writ our Client’s Writ on the Eighth Amendment. Our client was freed.
- A Federal district court denied our Prisoner Client’s Habeas Corpus Federal Petition under 28 U.S. C. section 2254 asking for reversal of his conviction for child molestation based on ineffective assistance of counsel at trial. The Firm filed an appeal for our Client to Ninth Circuit. Following briefing and oral argument,the Ninth Circuit granted our Client’s appeal. This victory resulted in the denial by the Federal District Court being reversed.
THE FIRM SUBMIT’S THESE CASES, IMPORTANT TO EACH PRISONER CLIENT, NOT ONLY SHOW A PATTERN OF SUCCESS FOR PRISONERS, BUT AN UNDERSTANDING BY OUR FIRM OF CASES WHICH ARISE THROUGH COURT CONVICTIONS, AND, CASES WHICH ARISE THROUGH MATTERS WITHIN PRISON SYSYTEMS WE LOOK FORWARD TO EVALUATING YOUR OWN CASE.
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