- Target:
- The State of California Governor Jerry Brown ; CDCR and Secretary Jeffery Beard
- Region:
- United States of America
- Website:
- www.facebook.com
Barbara Phillips was convicted of murder and sentenced to life without parole. Unbeknowst to her, trial counsel was suspended by the State Bar.
Barbara has diligently sought relief from the State and Federal Courts, all her efforts were futile.
The California Constitution article I § 15, "the defendant in a criminal cause has a right to.... have the assistance of counsel for the defendant's defense and be personally present with Counsel".
The reason you should sign this petition, is because it is the Community of tax paying, law abiding citizens that has to hold our public officers in our criminal courts accountable.
Equitable relief for Barbara Phillips in the form of a commutation of sentence in accordance to harris v super court (2014) 225 ca app.4th 1129 ; In re Johnson (1992) 4 Ca Rptr2d 170 ; People v Hinkley 238 ca Rptr 272 , U.S. v Clark 4 F. Supp2d 940 ; U.S. v Cronic 104 S.Ct 2039
We the undersign hereby affirm it is unconstitutional to incarcerate an individual who did not have counsel. We implore the State of California Governor, the Honorable Governor Jerry Brown and California Department of Corrections and Rehabilitation Secretary Jeffery Beard to uphold the State and Federal Constitutions for a defendant’s substantial right to counsel.
We are imploring the governor to grand refill to barbara phillips due to extraordinary circumstances to malfeasance to counsel and denial of counsel at critical stage in the proceedings. The Courts have exhibited a blatant disregard for her constitutional right to counsel.
California Penal Code § 4801 states in part, “The Board of Prison Hearings may report to the Governor…the names of any and all persons imprisoned in any State prison, who in its judgment ought to have commutation of sentence…and set at liberty on account of good conduct, unusual term of sentence, or any other cause…”
The California Code of Regulation, states in parts “(2) Information which was not made available to the court, in pronouncing the inmate’s sentence is brought to the attention of the Secretary who deems the information would have influenced the sentence imposed by the Court ; and (3) The Secretary deems that circumstances have changed to the extent that the inmate’s continued incarceration is not in the interest of Justice”.
Barbara’s life without parole sentence does not fit the criteria for Recall of Sentence, however had the court know of trial counsel suspension by the State Bar, her conviction the new decision People v Banks et al. (2015) clarified that a court cannot sentence a defendant to life without parole, if the death penalty is off the table. Circumstances have changed as such Barbara’s sentence is invalid.
Barbara is a first time offender. She is not the actual perpetrator of this crime. Our justice system failed to protect her constitutional rights. We do not want our tax dollars to pay for her to languish in prison. She is capable of being a law-abiding, productive citizen. She has re-entry support from family and community.
Your Honorable Governor Brown and Secretary Mr.Beard we implore you to uphold the laws of the State and Federal Constitution and grant relief Barbara Phillips.
Respectfully Submitted
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The As Law and Justice requires, Free Barbara Phillips petition to The State of California Governor Jerry Brown ; CDCR and Secretary Jeffery Beard was written by Tyran Anthony and is in the category Human Rights at GoPetition.