The California Supreme Court has decided In re Cook, a case addressing whether post-conviction Franklin hearings, where the trial court can provide favorable facts and findings to the parole board, can be held where a prisoner’s conviction is final. The Court determined that such hearings may be brought by motion pursuant to Penal Code section 1203.01. This is good news as all prisoners entitled to early parole should get the benefit of a Franklin hearing. Please contact me if you wish to pursue a Franklin hearing under section 1203.01. Such hearings are mitigation proceedings so you should be prepared to present favorable evidence such as character reference letters and perhaps even psychological reports.
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