POST-CONVICTION " GROUNDS " INEFFECTIVE ASSISTANCE -- PADILLA
A gathering of materials related to Padilla v. Kentucky may be found at www.padillacentral.com, including cases, pleadings, journal articles, retroactivity issues, state by state analysis, critiques, updates, CLE seminars and the like.
CONVICTION " NATURE OF CONVICTION " MODIFIED CATEGORICAL ANALYSIS MAY BE USED MORE OFTEN IN THE NINTH CIRCUIT
Some situations where Aguila-Montes may change prior law include:
(1) Estrada-Espinoza consensual sex rules. California Penal Code 261.5(c) shouldn't change because there is only a 3-year age difference, but the result may change for other cases where the record of conviction shows a 4-year age difference between the victim who is under 16 and the perpetrator and there is knowing conduct.
(2) Any sexual abuse offense which is age-neutral.
CRIMINAL DEFENSE " SENTENCE " FEDERAL MISDEMEANOR STATUTES
http://xa.yimg.com/kq/groups/3815052/422498396/name/Federal_Misdemeanor_... (Aug. 18. 2011) (comprehensive list of federal misdemeanors carrying maximum possible sentence of one year in custody).
CAL POST CON " SAFE HAVEN " FIRST AMENDMENT CHALLENGE TO THREAT STATUTE REJECTED CAL POST CON " GROUNDS " CONSTITUTIONALITY OF STATUTE
People v. Lowery, 52 Cal.4th 419 (Aug.
POST CON RELIEF " GROUNDS " UNCONSTITUTIONALITY OF STATUTE " MANDATORY PRESUMPTION
Sandstrom v. Montana, 442 U.S. 510 (1979) (statute defining a criminal offense that contains an irrebuttable presumption of an essential element of the offense is unconstitutional).
CAL POST CON " SAFE HAVEN " CRIME OF MORAL TURPITUDE " UNAUTHORIZED USE OF PUBLIC MONEY
Stark v. Superior Court, 52 Cal.4th 368 (Aug. 1, 2011 ) (a violation of Penal Code 424, unauthorized use of public money, is a general intent crime requiring that the defendant knew or was criminally negligent in failing to know that his actions and omissions were without lawful authority or contrary to legal requirements).
CAL POST CON " SAFE HAVEN " CRIME OF MORAL TURPITUDE " UNAUTHORIZED USE OF PUBLIC MONEY " NO ELEMENT OF INTENT TO DEFRAUD
Stark v. Superior Court, 52 Cal.4th 368 (Aug. 1, 2011) (To this end, a violation of section 424 is committed by a public officer when he uses public funds in a manner forbidden by law even though he may have no fraudulent intent when he does so.... It is sufficient that he intentionally committed the forbidden act. . . . [There is] no basis for the claim that there must exist in the mind of the transgressor a specific purpose or intent to violate law.); quoting People v. Dillon (1926) 199 Cal. 1,7, 248 P. 230.
PRACTICE ADVISORY " CONVICTION " FINALITY REQUIREMENT
Katherine Brady, Immigrant Legal Resource Center Practice Advisory, Ninth Circuit in Planes v. Holder (9th Circuit July 2011) Abandons Finality Requirement for Conviction, so Availability or Pendency of Direct Appeal Does Not Prevent DHS from Relying on Conviction to Trigger Immigration Consequences, www.ilrc.org/crime
DOMESTIC VIOLENCE " CHILD ABUSE
Matter of Soram, 25 I. & N. Dec. 378 (BIA 2010) (Colorado conviction of unreasonably placing a child in a situation that poses a threat of injury to the childs life or health, in violation of Colorado Revised Statutes 18-6-401(1)(a), is categorically a crime of child abuse under INA 237(a)(2)(E)(i), 8 U.S.C. 1227(a)(2)(E)(i) (2006), even though no proof of actual harm or injury to the child is required), clarifying Matter of Velazquez-Herrera, 24 I. & N. Dec. 503 (BIA 2008).
JUDICIAL REVIEW " PETITION FOR REVIEW " TIMELINESS
Lewis v. Holder, 625 F.3d 65 (2d Cir. Nov. 8, 2010) (BIA's reissuance of its decision triggers a new thirty-day period within which to file petition for review).
