Cliff Gardner In The News

Second-Degree Murder Conviction Reversed Based On Inadequate Representation - Justice Duarte Finds Presentation Of Expert Testimony Was Essential
SACRAMENTO, CA (METROPOLITAN NEWS-ENTERPRISE) - Dec 05, 2017
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 ...
 

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

CALIFORNIA (DAILY JOURNAL) - Aug 24, 2016
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
SAN FRANCISCO (SFGATE) - Aug 24, 2016
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
CALIFORNIA (DAILY JOURNAL) - Mar 13, 2015
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
NAPA, CA (NAPAVALLEYREGISTER.COM) - Oct 07, 2014
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
SAN FRANCISCO (DAILY JOURNAL) - Aug 08, 2014
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
MADERA COUNTY (SFGATE) - May 24, 2013
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
SAN FRANCISCO (THE RECORDER) - May 22, 2013
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
SAN FRANCISCO (DAILY JOURNAL) - Jul 26, 2012
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
SAN FRANCISCO (THE RECORDER) - May 01, 2012
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
LOS ANGELES (LOS ANGELES TIMES) - Nov 27, 2010
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
WASHINGTON (DAILY JOURNAL) - Oct 04, 2010
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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