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Weighing The Value of a Strike

Publication Date: 
July 22, 2008
The Recorder
Mike McKee

The Criminal Defense Clinic is listed in The Recorder as having filed briefs on behalf of the defendant in a case that is scheduled to be reviewed in front of the California Supreme Court. The issue is whether a conviction in juvenile court can be used for a three-strikes conviction in adult court:

Flagsberg ­ who said Nguyen is out of prison on parole ­ made the same argument in an amicus curiae brief he co-authored for the California Public Defenders Association. The San Francisco-based Pacific Juvenile Defender Center, the Philadelphia-based Juvenile Law Center, and Stanford Law School's Criminal Defense Clinic also filed briefs backing Nguyen.

Stanford's defense brief points out that of the 41 states with habitual offender statutes, only California and Texas allow juvenile adjudications to count as strikes.