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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116717
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How can I get a list of California court cases that the

Customer Question

how can I get a list of California court cases that the courts have granted an early release for violent felons accused of corporal punishment of minors?
We are trying to get an early release of my son which has no previous criminal record and this was his first offense. He has already serviced 4 years of a 9 year sentence.
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The problem is early release is something that is discretionary to the court. These are not the types of things reported in court cases in the case database, because typically only cases that are on appeal are reported. The CA Supreme Court in In re Rosenkrantz, 59 P. 3d 174 (CA 2002), the court said that the issue of early release is one that is discretionary to the parole board and a court has limited jurisdiction in reviewing the decision to determine whether or not it was an abuse of discretion (no other reasonable board hearing the same facts could reach the same conclusion). So, these cases simply do not make it to court for review in most instances, since early release is based on discretion of the parole board and even the courts will not reduce the sentence absent a clear showing that the parole board or the sentencing court has abused its discretion.
If he is moving to reduce his sentence via a post conviction relief motion, the courts have power under CA code section 1385 "absent a clear legislative direction to the contrary" to reduce a sentence in the interest of justice, which again is discretionary power granted a court and that will not be reviewed absent an abuse of discretion. See: (People v. Thomas (1992) 4 Cal.4th 206, 209-210 ; see also People v. Rodriguez (1986) 42 Cal.3d 1005, 1019 [232 Cal. Rptr. 132, 728 P.2d 202. These cases are done on a case by case basis based on the specific facts of each individual case.
Customer: replied 11 months ago.
I understand your answer. However, his sentence does not go through a parole board for release. He was given a set amount of years (9 years) with 85% served. Therefore, he is not trying to reduce his sentence. He is just trying to get an early release. So, when he partitions the court, he wants to show other cases of people who were convicted under juvenile corporal punishment that got an early release. This would help his case. That is why I need to know where I can find these cases or if you know of cases in California that we can use.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
The only two entities that can give early release are 1) the parole board and 2) the court. The court case database is not searched like you and he seem to think it is. These cases are not reported and in order for it to be a reported case it comes from the appeals court or a court that issues a written decision. The cases like you are asking about, courts do not issue written decisions on so therefore they are not reported in the databases and as such what you are asking for does not exist and if you keep searching for it you will be wasting your time because it simply is not in the database of reported cases.