Three Strike Recall Petition: Southland’s Approach
By: Jesse Anthony Wagner Senior Litigation Coordinator
Any intelligent practitioner familiar with Prop. 36 will say: Prosecutors will brace for the impact of Recall Petitions and prepare their response by arguing the inmate would pose an unreasonable risk to public safety if released. Although there is no yard stick to measure what would qualify as an unreasonable risk to public safety, the Appellate Courts certainly will be called upon to address those petitions which are denied in the Superior Courts. In re Lawrence, is a case addressing parole for lifer inmates convicted of homicide. This case and it’s progeny articulated the definition of “unreasonable risk to public safety.” To defeat their posture, Jesse has made a list matters to consider when drafting a petition:
I. Parole Plans: Describe what you will do when you leave prison.
- Where will you live?
- Who will you live with?
- who will provide emotional support; and
- How will you travel?
II. Trades and Education
- Have you earned any trade certificates; and
- Have you earned a GED or higher education?
III. Rehabilitation
- Have you earned any certificates of rehabilitation?
- Have you completed a victims awareness course?
- Have you completed alternatives to violence?
- Have you received any positive 128-B Chrono’s?
IV. Support
- Letters of support should be gathered from support persons and attached as an Exhibit describing:
- The authors name, occupation, and contact telephone.
- The nature and relationship to you.
- Their understanding of your criminal conviction and sentence.
- If for employment, describing the job offer.
- If for housing, describing the duration of housing, location, and awareness of parole conditions.
Southland is available for retainer to draft the petition. Call immediately (858) 227-9559 ext. 1001 or directly at (619) 996-8911 or email Jesse at J.Wagner@southland-law.com
