Author: Michael Willemsen

Argument Analysis: People v. Franklin

Argument Analysis: People v. Franklin

On March 1, 2016, the California Supreme Court heard argument in People v. Franklin (S217699). Tyris Franklin was convicted of murder at the age of sixteen and sentenced to a mandatory fifty years to life in prison. The briefing in People v. Franklin sought a fundamental change in the sentencing of juveniles tried in adult courts to make parole dates turn on the individual characteristics of the defendant and not on the prison term set by the applicable statute. The March 1 oral argument, however, seemed to suggest that little will change. The issue stems from a 2005 decision by...

Johnson v. Department of Justice – an equal protection analysis

Johnson v. Department of Justice – an equal protection analysis

Under Penal Code section 290, all persons convicted of consensual oral copulation with a partner under 18 must register as a sex offender.  In 2006, the California Supreme Court in People v. Hofsheier held 6-1 that the mandatory registration unconstitutionally denied the defendant the equal protection of the laws because a person convicted of consensual sexual intercourse with a partner under 18 (Penal Code section 261.5) would not be subject to mandatory registration.  On January 29, 2015, however, Johnson v. Department of Justice overruled Hofsheier by a 5-2 vote and reinstated the mandatory registration requirement for those convicted of consensual...