Cliff Gardner In The News

LDF Files United States Supreme Court Cert Petition To Consider Jury Discrimination Issue In Death Penalty Case
(NAACP) - Dec 10, 2020
Today, the NAACP Legal Defense and Educational Fund, Inc. (LDF), along with co-counsel Cliff Gardner, filed a cert petition on behalf of Johnny Duane Miles in the United States Supreme Court. The petition requests that a writ of certiorari be ...

Nearly A Decade After His Murder Conviction, Bulos Zumot To Face New Trial
Federal Judge Grants Petition To Man Convicted Of Strangling Jennifer Schipsi, Setting Their Cottage On Fire Bulos Zumot, a former Palo Alto resident who was convicted in 2011 of murdering his girlfriend, Jennifer Schipsi, and setting their rented ...

How Scott Peterson's Murder Convictions Were Suddenly Thrown Into Doubt
Laci Peterson’s 2002 disappearance from her Modesto home on Christmas Eve made instant headlines. Her family initially said that Scott, her husband, was beyond suspicion. Then a woman surfaced who said she was having an affair with him. Finally, ...

Scott Peterson's Murder Convictions To Be Re-examined, Court Orders
(NEW YORK TIMES) - Oct 15, 2020
The California Supreme Court on Wednesday ordered a review of Scott Peterson’s convictions for murdering his wife, Laci, and their unborn son, because a juror in the 2004 trial failed to disclose that she was involved in certain legal proceedings.

Scott Peterson's Death Sentence Overturned By California Supreme Court
(CNN) - Aug 24, 2020
California's Supreme Court on Monday reversed the death sentence handed down to Scott Peterson for the 2002 deaths of his wife Laci and unborn son. The high court found that the trial itself was fair and the murder convictions stand. In an ...

California's Top Court Overturns Scott Peterson's Death Sentence
The California Supreme Court on Monday unanimously overturned the death penalty for Scott Peterson, who was convicted of killing his wife, Laci, and their unborn son in 2002. In a decision written by Justice Leondra Kruger, the state's highest court ...

Court Overturns Boston Marathon Bomber’s Death Sentence Massachusetts
(AP) - Jul 31, 2020
A federal appeals court Friday threw out Dzhokhar Tsarnaev’s death sentence in the 2013 Boston Marathon bombing, saying the judge who oversaw the case did not adequately screen jurors for potential biases. A three-judge panel of the 1st U.S. ...

Appeals Court Vacates Boston Marathon Bomber's Death Sentence, Orders New Penalty Trial
(CNN) - Jul 31, 2020
A federal appeals court ruled on Friday to vacate the death sentence of Dzhokhar Tsarnaev, who along with his brother planted homemade bombs near the finish of the 2013 Boston Marathon, killing three spectators and injuring hundreds. The court also ...

Scott Peterson Asks Court To Overturn Murder Conviction And Death Sentence
(LOS ANGELES TIMES) - Jun 02, 2020
A lawyer for Scott Peterson, convicted in 2004 of murdering his wife, Laci, and their unborn son, told the California Supreme Court on Tuesday that he was denied a fair trial because of massive publicity and a slew of legal errors made at trial. During

Scott Peterson's Attorneys Press To Have Conviction Overturned
(NBC LOS ANGELES) - Jun 02, 2020
An attorney representing Scott Peterson -- the Modesto fertilizer salesman who received the death penalty in 2004 for murdering his pregnant wife Laci Peterson -- made the case Tuesday his client didn't get a fair trial and deserves his conviction ...

California Supreme Court Hears Arguments For New Trial For Wife Killer Scott Peterson
(SF CHRONICLE) - Jun 02, 2020
A lawyer for Scott Peterson, sentenced to death for the 2002 murders of his pregnant wife and their unborn child in a case that drew nationwide attention, told the California Supreme Court on Tuesday that Peterson could not have gotten a fair trial from ...

Conviction Overturned For Undocumented Immigrant Charged In Death Of Kate Steinle
CALIFORNIA (ABC NEWS) - Aug 31, 2019
The lone conviction for an undocumented immigrant whose actions resulted in the shooting death of a 32-year-old woman in 2015 has been overturned by an appellate court in California. A jury acquitted Jose Ines Garcia-Zarate, 46, in 2017 of first ...

California Appeals Court Overturns Gun Conviction Against Immigrant Acquitted In Kate Steinle Killing
CALIFORNIA (AP) - Aug 30, 2019
A California state appeals court on Friday threw out the sole conviction against an immigrant who fatally shot a young woman on the San Francisco waterfront in 2015 in a case that sparked a national immigration debate. Jose Inez Garcia-Zarate was ...

What Gov. Newsom's Execution Ban Means - And Doesn't
(THE RECORDER) - Mar 13, 2019
Gov. Gavin Newsom on Wednesday placed a moratorium on the death penalty in California, telling lawmakers and reporters that he could not face the prospect of overseeing the executions of dozens of inmates in quick succession. California has 737 ...

Undocumented Man Acquitted In Shooting Death Of Kate Steinle Seeks To Have Gun Conviction Overturned
(NEWSWEEK) - Jan 16, 2019
An undocumented immigrant who was acquitted in the shooting death of a San Francisco woman was seeking to overturn his weapons conviction. Jose Ines Garcia Zarate, 46, was found not guilty of murder in the death of Kate Steinle in November 2017. The ...

Kate Steinle Killing: ‘Momentary Possession’ Cited In Appeal Of Conviction - Jose Ines Garcia Zarate Claims He Did Not Know He Was Holding A Gun Until It Went Off
(BAY CITY NEWS) - Jan 16, 2019
The man who was convicted of possessing the gun that killed Kate Steinle on a San Francisco pier in 2015 has appealed his conviction, claiming that the trial judge failed to give a key jury instruction. Jose Ines Garcia Zarate was convicted in San ...

Illegal Immigrant Found Not Guilty In Kate Steinle's Killing Wants Gun Conviction Dropped
(FOX NEWS) - Jan 16, 2019
The lawyer for the undocumented immigrant who was found not guilty in November 2017 for the 2015 fatal shooting of a woman on the San Francisco pier-- but convicted for illegally possessing a weapon-- has appealed the conviction, arguing that he had ...

Kate Steinle Shooter Seeks To Have Gun Conviction Overturned
The undocumented immigrant acquitted by a jury of murder in the shooting death of Kate Steinle on a San Francisco pier, in a case that touched off a furor about immigration and sanctuary laws, has appealed his conviction for illegally possessing the ...

‘O.J. Strategy’: Lawyers Say Prosecutors Ask About Guilt To Cull Black Jurors
(SF CHRONICLE) - Nov 04, 2018
It’s illegal to dismiss prospective jurors because of their race. But civil rights advocates say some California prosecutors have found a way to keep blacks off their juries without using overtly racial criteria. You might call it the ...

Dzhokhar Tsarnaev Still Gagged As Death Penalty Appeal Grinds On
As the fifth anniversary of the Boston Marathon bombing comes and goes, we can’t help but wonder what Dzhokhar Tsarnaev might have to say for himself — if he were allowed to speak. For one thing, we’d like to ask him if he could fill

Second-Degree Murder Conviction Reversed Based On Inadequate Representation - Justice Duarte Finds Presentation Of Expert Testimony Was Essential
The Third District Court of Appeal yesterday reversed a conviction on two counts of second degree murder based on incompetence of counsel and directed the court's clerk/administrator to forward a copy of the opinion to the State Bar for possible ...

Tsarnaev Lawyer Wants No Part Of Appeal Defense
(BOSTON HERALD) - Jan 30, 2017
The acclaimed antideath penalty defender who opened her argument for sparing the life of Boston Marathon bomber Dzholdrnr Tsarnaev with the shocking declaration, "It was him," now wants off his case, telling a federal court his appeal "would benefit from

Murderer's Death Sentence Reversed By 4-3 Vote On Rehearing
Brown Nominees Make Their Presence Felt In Rare Rehearing

The state Supreme Court has set aside the death penalty against Gary Lee Grimes by the slimmest of majorities, more than two decades after the defendant was sentenced. Monday's 4-3 decision is a remarkable turnaround for Grimes, considering the high ...

Tossed Death Penalty May Signal Shift On California Supreme Court
In a ruling that could signal tougher scrutiny of capital cases by California's highest court, Gov. Jerry Brown's three appointees have joined a fourth justice to overturn a death sentence that a previous majority had voted to uphold. Monday's 4-3 vote

2006 Murder Conviction Tossed In Oakland Family Thanksgiving Day Massacre; Brother's Conviction Upheld
SAN FRANCISCO (CBS SF) - Sep 03, 2015
A state appeals court in San Francisco has overturned the conviction of one of two brothers in a 2006 triple murder in Oakland, but upheld the guilty verdict and sentence of life in prison without parole for the other. Asmeron and Tewodros ...

1 Conviction Overturned, 1 Upheld In Oakland Family Murders
ALAMEDA (SF GATE) - Sep 02, 2015
A state appeals court overturned the convictions of one of two brothers Wednesday in the murders of their brother's widow and her mother and brother in a North Oakland apartment on Thanksgiving 2006. The First District Court of Appeal upheld the ...

In Rare Move, State Supreme Court Votes To Rehear Capital Case
In a rare move, the reconstituted state Supreme Court has voted to rehear a case as incoming liberal justices signaled their disagreement with a departing conservative in a death penalty appeal. The new four-justice group, which included the newcomers

Appeals Court Reverses Teacher's Sex Crime Conviction
Citing a number of errors during the trial, a California appeals court has thrown out the guilty verdict against a Napa teacher who was sentenced to five years in state prison in 2012 for molesting one of his former students. Michael Raymond ...

Court Overturns Napa Teacher's Molestation Conviction
NAPA, CA (SFGATE) - Oct 04, 2014
A state appeals court has overturned a Napa schoolteacher's molesting conviction and five-year prison sentence, saying the trial judge's erroneous rulings undermined the defendant's alibi and his attempt to show the jury that his physical injuries - ...

UC Hastings Criminal Law Expert Makes Strategic Move On Death Penalty Policy
A law professor here has collected 2,000 signatures on a petition calling for Gov. Jerry Brown and Attorney General Kamala D. Harris not to appeal a federal judge's July 16 ruling that California's death penalty law is unconstitutionally flawed. U.S. ...

Murder Conviction Of Stockton Man Reversed - Appeals Court Finds Defendant Had Ineffective Representation At Trial
(RECORDNET) - Mar 07, 2014
A California appeals court has reversed the murder conviction of a Stockton man charged with the beating death of a 48-year-old woman on grounds the defendant had ineffective representation. James Andre Gorman in 2011 was sentenced to 15 years to ...

Court Says Juror's Research Made A 'Mockery' Of Murder Trial
Michael Pizarro may or may not have sexually assaulted and murdered his 13-year-old half-sister in Madera County in 1989. Two juries have found him guilty in verdicts that have been overturned on appeal. Pizarro’s wife said she saw him near the ...

Juror's Online Research Forces New Trial
Jurors who improperly search the Internet for information about the trial they're hearing are a growing problem for lawyers and judges. This week, the California Court of Appeal tackled a worst-case scenario -- a juror who located a prior appellate ...

Death Sentence Reversals Raise Questions Among Capital Lawyers
Lawyers for death row inmates are accustomed to losing in the state Supreme Court. But a string of wins in capital cases in recent months has some foes of the punishment feeling cautiously optimistic. Since December, the court has reversed five death ...

Scott Peterson Appeals Death Sentence
SAN FRANCISCO (AP) - Jul 17, 2012
Scott Peterson on Thursday filed the automatic appeal of his 2004 death sentence to the California Supreme Court, maintaining as he always has that he had nothing to do with the murders of his wife Laci and unborn son Conner. Peterson's attorney, noted ...

Critics Fire Away At California's Ponderous Death Row Process
SAN FRANCISCO (AP) - Jun 10, 2012
When James Lee Crummel hanged himself in his San Quentin Prison cell last month, he had been living on Death Row for almost eight years - and he was still years away from facing the executioner. California's automatic death penalty appeals take so ...

An Exhausting Petition Meets An Exasperated Court
Capital defense counsel - can't live with 'em, can't live without 'em. That's what the California Supreme Court must have been thinking Tuesday, as the justices' tough threat to clamp down on lengthy habeas corpus petitions with monetary sanctions was

Lack Of Funding Builds Death Row Logjam
Thirteen years ago, Edward Patrick Morgan asked the California Supreme Court for a lawyer to investigate and challenge his 1996 death sentence for a murder in Orange County. The court has yet to find Morgan an attorney. The inability of the state to ...

High Court To Hone In On 9th Circuit; A Third Of Cases To Be Reviewed This Term Arise From Nation's Biggest Circuit
When Cliff Gardner walks up to the podium at the U.S. Supreme Court next week, he may well momentarily think he has stepped into the boxing ring next door to his Berkeley law office. As a defense lawyer representing a prison inmate seeking ...

Inmate Released; Conviction Overturned After Mercury News Investigation
BAY AREA (MERCURY NEWS) - Feb 06, 2007
State officials said late Wednesday they expected to release Michael Hutchinson within hours from prison, eight weeks after a federal judge overturned the Milpitas man's robbery conviction citing ``persuasive independent evidence'' uncovered by the ...

Haunted By A 7-year Ordeal
BAY AREA (MERCURY NEWS) - Jan 31, 2007
Even now, more than a year after he was freed from prison and seven years after the flawed trial that sent him there, Damon Auguste's thoughts are regularly interrupted by scenes from a nightmare. It starts with the bedroom door flying open Nov. 2, ...

Missing Notes, New Tests Call Murder Verdict Into Question
BAY AREA (MERCURY NEWS) - Dec 19, 2006
For years, Dung Pham has contended that he was denied access to evidence that could help prove another young man committed the 1996 murder that sent Pham to prison for 29 years to life. Now, after the federal courts finally granted Pham access to the ...


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