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Gilman v. Brown

justia.com | February 25, 2016

Docket: 14-15613, Docket: 14-15680 Opinion Date: February 22, 2016
Areas of Law: Civil Rights, Constitutional Law, Criminal Law

Plaintiffs filed suit under 42 U.S.C. 1983 to enjoin the application of Propositions 89 and 9 as to them. Proposition 89 amended the California Constitution to vest in the Governor constitutional authority to reverse, affirm, or modify grants of parole as to inmates convicted of murder. Proposition 9 amended the California Penal Code to increase the default period of time after which a prisoner would be scheduled for a parole hearing, after the denial of parole. California inmates who were sentenced to life terms with the possibility of parole for murders committed before the passage of the two Propositions contend that applying the Propositions to them creates a significant risk that their periods of incarceration will be longer than they would have been before the passage of the Propositions. The district court found in favor of plaintiffs. The court concluded that Johnson v. Gomez controls where Proposition 89 remains only a transfer of decisionmaking power, which does not violate the Ex Post Facto Clause. Therefore, the district court erred in finding that Johnson does not control the outcome of plaintiffs' challenge to Proposition 89 and the court reversed the district court's findings and injunction as to Proposition 89. The court also concluded that the district court committed legal error, among other things, by basing its findings principally on speculation and inference, rather than concrete evidence demonstrating that the petition to advance process failed to afford relief from the classwide risk of lengthened incarceration posed by Proposition 9. Accordingly, the court reversed and remanded.

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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager


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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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