CA changes felony murder law for 2019; numerous appeals expected

[burblestein]

The 14 year sentence is specific to the Settler case, but gives us an early view of what is to come.

 

[Auntie Cipation]

The 14 year sentence is specific to the Settler case, but gives us an early view of what is to come.

OK, thanks. There are a few other cases I'll be watching with even more interest now.

 

[burblestein]

Such as?

 

[Auntie Cipation]

There are two murder cases I've posted about:

CA - Deputy Jack Hopkins, 31, fatally shot, Alturas, 19 Oct 2016 *Arrest*

and

CA - Pamela Johnson, 59, murdered, Alturas, 21 Feb 2017 *Arrest*

They are both single-defendant cases so that's why I wanted to be clear if the comments about short sentences were for the group/helper perps only.

The first one is a death penalty case so I'm sure it doesn't apply anyway, but the second case is one I'm particularly interested in and wondering what kind of sentence would apply.

 

[burblestein]

I'm not sure how the changed law will affect the above cases. The law of parties situation only arises when there are two or more accused defendants.

 

[Auntie Cipation]

Ok that's the gist of what I was asking, in particular re your comment of 14 years being a maximum sentence. It makes sense that it really only applies to multiple defendant situations. Thanks.

 

[burblestein]

Wait, I'm not saying 14 years is a max sentence for first degree murder. It just turned out to be the max sentence in this one particular case.

 

[Auntie Cipation]

Yes, I understand. That is what I initially thought you were saying when you said

Meanwhile, the Settler case seems to give us a clue as to the "protection" afforded by first degree murder prosecutions under the new law. When convicted murderers are sentenced to 14 years maximum, it's a fair assumption some will be paroled earlier. The handwriting is on the wall. California now has a catch and release program for murderers.

but I understand the new rule is only for multiple defendants and the 14 years was just one case's example, not any legal maximum.

 

[burblestein]

And another case arises in which the old law would have supplied some leverage:

CA - Khadijah Britton, 23, Covelo, 9 Feb 2018 *Arrest*

The vanished woman has not been found. The suspected perp isn't cooperating, nor is his girlfriend. Since the girlfriend was involved in the purported kidnapping, the now dismissed law of parties would have offered LE some consideration on her charges for her help. Let's see how this plays out under the new law.

 

[Quiet Time]

There are a lot of folks here in California, myself included, that think every time these judges decide to parole a sex offender they should move them in next door to them.

Hoping they understand their deluded way of thinking....

 

[burblestein]

As a normal and honorable man with a total loathing for baby-rapers, I can appreciate your sentiments, Quiet Time. However, this is a thread concerning changes in the California murder laws.

 

[burblestein]

When I began this thread, it was with no idea that it would come to center on my home county. I thought I would be posting representative cases from around the state. Instead, here's another Mendocino County special.

Tai Abreu is one of three men convicted of murdering a gay tourist in Fort Bragg. As he was convicted under the old law of parties, his case is now being reconsidered.

MCT: Tuesday, January 8, 2019

 

[burblestein]

Is anyone else seeing resentencing hearings on similar cases?

 

[burblestein]

An update on the Tai Abreu case (allow a week for it to emerge from the paywall): Subscribe

The gist of it is, the changed law has been found to be constitutional.

 

[BlackCloud]

California just continues to become a more dangerous place to live.

And things are getting worse...

 

[burblestein]

Up here in Marijuana Land, our sheriff figured that 40% of the known murders in Mendocino County are related to the marijuana black market. I say known, because no one wants to face the probability that there are a lot of undiscovered bodies in the deep woods. With no courts to mediate their disputes, illicit marijuana growers--often fiended out on meth--settle their disagreements with violence. In such a situation, being able to pressure one caught felon can lead to multiple arrests for serious crimes--like homicide. This change in the law of parties removes one possible means of pressuring a busted suspect.