Stanford Law Clinic Cases: The Roundup from Fall 2009

The “Three Strikes Project,” under the supervision of Michael Romano ’03 and Galit Lipa, has been successful in its representation of two new clients—both of whom have had their prison sentences significantly reduced from life terms mandated by California’s “three strikes” law. The clinic, which only represents prisoners serving life sentences for a nonviolent and non-serious third strike offense, has, since it began in 2006, helped eight clients achieve drastic resentencing. Here’s more about these two latest cases:

In 2006, Kevin Davenport was sentenced to life for a minor petty theft. His prior strikes were committed more than 15 years ago and were also nonviolent property crimes. In September, briefings and investigation conducted by the clinic’s students Cameron Johnson ’09, Clare Reilly ’09, Annie Osburn ’10, and Tiffany Cartwright ’10 were presented to the court, and the judge ruled that Davenport was denied effective assistance of counsel by his original court-appointed attorney, and a new sentencing hearing was ordered. Kathleen Fox ’10 and Ashley Simonson ’10 appeared on behalf of Davenport at his new sentencing hearing in Superior Court. Following an hour-long hearing, including oral argument by Fox, the judge re-sentenced Davenport to six years for the crime, with credit for the time he had already served. He is expected to be released next year.

The second client, William Anderson, was sentenced in 1996 under the three strikes law to life in prison for stealing one dollar in loose change from a parked car. His prior crimes were nonviolent burglaries. In October, the same judge who sentenced Anderson to life reversed himself based on new evidence uncovered by clinic students, and ordered Anderson released immediately. Ashley Simonson ’10 represented Anderson in Los Angeles Superior Court. Kathleen Fox ’10 wrote the successful habeas corpus brief underlying the judge’s order. Prior clinic students Gabe Pardo ’08 and Andrew Bruck ’08 uncovered the new evidence, which included extensive documentation that Anderson has suffered from a lifelong mental illness. Amanda Bonn ’09 and Matthew Mandelberg ’10 also helped investigate and brief the case.