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Appellate Court Circumscribes Release Of Three-Strikes Inmates Prosecutors Must Be Notified Of Resentencing, 2nd District Rules

Publication Date: 
May 01, 2013
Source: 
Daily Journal
Author: 
John Roemer

Michael Romano, co-founder and director of the Three Strikes Project, spoke with the Daily Journal's John Roemer about the 2nd District Court of Appeal decision to set the standards of release of three-strikes inmates and the "critical" change of the burden of proof to establishing "dangerousness" of the inmate.

Setting standards for the release of allegedly dangerous three-strikes inmates under the newly enacted Proposition 36 reforms, a state appellate panel on Tuesday overruled a Los Angeles trial judge and declined to free a man serving a 25-years-to-life sentence.

The 2nd District Court of Appeal panel faulted Los Angeles County Superior Court Judge Cynthia L. Ulfig of San Fernando for granting an inmate resentencing and a release date without notice to the prosecution and without holding a hearing. People v. Superior Court (Kaulick), 2013 DJDAR 5571.

...

"That is critical," said Michael Romano, the director of the Three Strikes Project at Stanford Law School and a prominent backer of Prop. 36. "Some DAs have been coming into court and saying that the inmate must show he is not dangerous. Now we have it established that prosecutors must make an individualized case of dangerousness."