Legal Blog

Fresno, CA, October 30, 2024 – Spolin & Dukes P.C. is pleased to announce a significant legal victory in a recent SB 483 hearing held on October 30, 2024, in Fresno County. The firm successfully argued for the reduction of a client’s sentence from 31 years to life to 15 years to life. The hearing was presided over by Judge Gary R. Orozco, who granted the reduction after considering the client’s rehabilitative progress and the lack of any violent disciplinary violations during his nearly two decades of incarceration.

Attorney Erica Esquivel of Spolin & Dukes P.C. represented the client at the hearing, with attorneys Aaron Spolin and Caitlin Dukes providing further support. Through a year-long collaboration with an Assistant District Attorney in Fresno County, the firm was able to negotiate a resolution that led to the reduction of all stayed terms from “uppers” to “midterms,” significantly lowering the total sentence.

“Our firm is thrilled with this outcome, which reflects not only our client’s personal growth and commitment to rehabilitation, but also the progressive changes being made in the criminal justice system under laws like SB 483,” said Ms. Esquivel.

The client, now in his 60s, was originally charged in November 2005, convicted in February 2007 after a jury trial, and sentenced in March 2007. He has already served 19 years of his sentence, during which time he has shown significant positive change. He has completed several rehabilitative programs, including anger management, a mental health group, and the PREP Turning Point program. Throughout his incarceration, he has had no violent disciplinary violations, reinforcing the argument that he poses no danger to the community.

Spolin & Dukes P.C. is optimistic that with this reduction in sentence, this client will have a strong case for parole. A parole hearing is tentatively scheduled for July 2025, and the firm remains hopeful that their client will be granted release, given his rehabilitation, age, and positive ties to his family and the community.

About SB 483 and Penal Code Section 667.5(b) Enhancements

Senate Bill 483 (SB 483), signed into law in 2021, is a critical piece of legislation that allows for the reconsideration of certain enhancements under Penal Code Section 667.5(b). Specifically, SB 483 invalidates sentence enhancements related to prior prison terms for defendants who have shown evidence of rehabilitation and have served significant time without further violent offenses. This law is part of California’s ongoing criminal justice reform efforts, aimed at reducing lengthy prison sentences for individuals who are no longer a threat to society and have made strides toward reintegration into the community.

For further information, please contact: Spolin & Dukes P.C. at (866) 716-2805.

Los Angeles, CA, October 7, 2024 – Spolin & Dukes P.C. is thrilled to announce a remarkable legal victory led by its exceptional legal team.  Firm attorney Erica Esquivel successfully advocated for the release of a client previously sentenced to life for a conviction of conspiracy to commit murder. This achievement was made possible through the diligent and collaborative work of the Honorable Judge David C. Brougham, the Los Angeles County District Attorney, Ms. Esquivel and the strategic use of the newly enacted AB 600, a law that offers resentencing opportunities. The new law is accurately described as a long-shot for anyone hoping to benefit from it.

The client, convicted in 2004 and initially sentenced to 80 years to life, faced an uphill battle for justice. Despite numerous denied habeas corpus petitions, Ms. Esquivel remained undeterred, determined to prove the appropriateness of post-conviction relief through AB 600. Her advocacy culminated on October 7, 2024, when Honorable Judge David C. Brougham at the West Covina Courthouse ruled in favor of resentencing, reducing the client’s sentence to 22 years and 8 months, which resulted in his release as “time served.” Under this new law, judges have greater authority to reassess sentences, particularly in cases involving disproportionately long sentences.

Throughout this challenging process, Ms. Esquivel demonstrated unwavering dedication. Attorneys Aaron Spolin and Caitlin Dukes were also diligently involved in the case, including regular meetings discussing the status of the case, case strategy, the challenges of acquiring the client’s correctional file, and assisting with communication with the client and his family. The client also had a number of other paralegal and admin-support individuals at the firm diligently working on his matter.

Despite the initial resentencing victory, the client’s release was delayed due to procedural complications. Ms. Esquivel, supported by Senior Paralegal Travasa Ellis, fought tirelessly to overcome these obstacles until the client was finally freed, bringing an end to his years of custody.

For further information, please contact: Spolin & Dukes P.C. at (866) 716-2805.

Los Angeles, CA – September 24, 2024 — Spolin & Dukes is proud to announce a significant legal victory achieved by Attorney Erica Esquivel in a challenging case that intersected two notoriously difficult legal issues: a writ of habeas corpus and the stringent filing deadlines for a Notice of Appeal.

The case involved a client who, due to the negligence of a former attorney, missed the critical 60-day deadline to file a Notice of Appeal. Typically, failure to file within this timeframe would mark the end of any direct appeal options. However, Attorney Esquivel and the Spolin & Dukes team refused to accept this outcome. They filed a California writ of habeas corpus to rectify the error, a legal maneuver with historically low success rates.

Through tenacious advocacy in front of Judge Helena Gweon in the Sacramento County Superior Court, Ms. Esquivel demonstrated that her client’s rights were violated due to either the previous lawyer’s oversight or to an institutional error in not handling a potential notice of appeal that may have been filed. Her compelling arguments highlighted not only the procedural errors but also the substantial injustice faced by her client. In addition to her courtroom prowess, Ms. Esquivel skillfully engaged in negotiations with the prosecutor. Recognizing the strength and complexity of the case presented, on September 13, 2024, the court ordered the creation of a pre-dated notice of appeal that would be filed in a manner to re-initiate the client’s appeal.

As a result, the client can now move forward with a direct appeal—a crucial opportunity to seek justice and potentially overturn the initial decision. The entire Spolin & Dukes team is proud of Ms. Esquivel’s dedication, perseverance, and the positive impact she has made on her client’s life.

“Erica’s commitment to this case reflect her core values—excellence, resilience, and a deep commitment to not giving up. We are thrilled to see her hard work pay off and look forward to continuing to fight for our clients’ rights,” said Caitlin Dukes, Partner at Spolin & Dukes.

Ms. Esquivel also had praise for Ms. Dukes’ involvement.  “I stepped out of the judge’s chambers to call Caitlin and get her advice on the ongoing negotiation. Had it not been for her then I do not know if this would have been successful.”

For more information about this case or to schedule an interview with Ms. Esquivel or another member of the Spolin & Dukes team, please call 866-716-2805.

Spolin & Dukes P.C. is proud to announce the winner of the 2024 Prison Poetry Contest: Adam Ochoa, CDCR #BU5543, located at California State Prison, Los Angeles County.

Former Spolin & Dukes client M.H. had hired the firm when his prison refused to release him. He chose “No Limit with God.”

His poem, “The life raft within,” captivated many of the contest judges, which included ten members of the Spolin & Dukes law firm and three former clients of the firm.

The judges included former client D.T., former client J.V., and former client M.H., appellate attorneys Aaron Spolin and Caitlin Dukes, and other Spolin & Dukes employees. The former client judges heard many of the poems read out loud at an in-person meeting at the firm’s headquarters on July 30th, 2024. Photos of the judging will be uploaded shortly.

Spolin & Dukes successfully overturned client J.V.’s wrongful murder conviction. He voted for the winning entry, “The life raft within.”

Besides the winning entry, former client M.H.’s favorite entry was “No Limit with God,” by Samuel Robertson, TDCJ #2407810, located at Diboll Correctional Center in Diboll, Texas. “No Limit with God” discusses Mr. Robinson’s absolute faith in God and how his physical confinement cannot sever his bond with his creator.

Former client D.T.’s favorite entry was “Throwing Rocks at the Pen,” written by Brandon Shannon, TDCJ #2444595, located the Smith Unit in Lamesa, Texas. Mr. Shannon’s poem discusses the fruitless pursuit of status and glamor that leads many young men to prison.

Former client D.T., with the firm’s advocacy, had his baseless murder conviction overturned. He voted for “Throwing Rocks at the Pen.”

Former client J.V. and a plurality of the law firm employees voted the for the winning entry: “The life raft within.” His winning poem is copied below in full:

(Photo caption: Cell phone photo of Spolin & Dukes client A.V. jubilantly walking a dog for the first time in 18 years.)

Spolin & Dukes attorneys are ecstatic to announce the successful release of a client who was wrongfully convicted of murder 18 years ago.  The client had been in custody since 2006, and the Spolin & Dukes attorneys, particularly Caitlin Dukes and Erica Esquivel, have been representing him in various post-conviction courts for the last four years.

On June 11th he was finally released, and he sent a short video to his Spolin & Dukes attorneys showing him walking his dog near the Santa Monica boardwalk.

The firm is preparing a more detailed account of the client’s saga and legal battles, which will be published on the firm’s website soon.  In the meantime, you can read this media article about the client’s case that was published shortly before he won his case and was released. The well-researched and well-written article, by Mercedes Kane, can also be viewed at the Capital & Main website here.

Authors Aaron Spolin and Caitlin Dukes Discuss Book on Federal Writs of Habeas Corpus – 5/28/24

Listen to this interview of appellate lawyers Caitlin Dukes and Aaron Spolin, authors of the recently published book Fighting Federal Writs of Habeas Corpus. The transcript will be posted shortly.

Spolin & Dukes P.C., a prominent law firm, is pleased to announce a major victory at the Pasadena Courthouse last Friday. Attorneys Aaron Spolin, Caitlin Dukes, and Erica Esquivel successfully litigated a Penal Code 1473.7 motion, overturning a guilty plea that had jeopardized the immigration status of a longstanding resident.

Attorney Erica Esquivel skillfully detailed the client’s journey of redemption, highlighting his transformation from a prison inmate to a successful businessman, husband, caretaker to his 76-year-old mother, and loving father of two children. Her compelling narrative was pivotal in the court’s decision to overturn the conviction.

The client, who faced imminent deportation due to a conviction he poorly understood, has lived in the United States since he was two years old and has established his family here. The case was particularly challenging because the client had attempted a 1473.7 motion four years earlier, only to have it denied in the Superior Court and in the Court of Appeal. That original motion was in front of the same judge who ultimately ruled for the Spolin & Dukes client, Honorable Suzette Clover, who was appointed to the bench in 2006.

The turning point in the second 1473.7 motion was the introduction of new evidence, including a critical declaration from the client’s former lawyer admitting his mistake in not explaining to the client the potential immigration consequences of his plea. Judge Clover’s decision has not only corrected a grave legal error but has also safeguarded the client’s ability to remain with his family in the U.S.

“We are deeply gratified by the court’s decision, which not only represents justice for our client but also emphasizes the importance of understanding the immigration consequences of criminal proceedings,” said Aaron Spolin.

The victory has significant implications for similar cases, highlighting the need for accused individuals to understand both the direct and the indirect consequences of a guilty plea.

For more information, please contact: Spolin & Dukes P.C. (866) 716-2805.

Attorney Caitlin Dukes has achieved a significant victory in the court of appeal on a case where a client, previously convicted of murder, was granted an evidentiary hearing to consider removing the murder conviction from his record. This major decision occurred on January 17, 2024.

Ms. Dukes, collaborating with two other attorneys from the firm Spolin & Dukes P.C., played a pivotal role in the legal work necessary for this win. The judges who signed off on this decision are Presiding Justice Arthur Gilbert, Associate Justice Kenneth Yegan, and Associate Justice Tari Cody. The central issue was whether the trial court had acted improperly by denying the client the right to an evidentiary hearing about the removal of his murder conviction.

The appeal court found that the lower court had relied on inadmissible material and its denial was insufficient. The Spolin & Dukes attorneys argued that the lower court’s decision was erroneous and that the client deserved a comprehensive evidentiary hearing, including the ability to call witnesses and present documentary evidence, for a fair argument on whether the client warrants resentencing with the murder conviction removed.

The case is now back in the lower court, where the judge is mandated to conduct the required evidentiary hearing, as sought by the firm. This case is especially noteworthy because the client had dismissed his former lawyer to hire the Spolin & Dukes attorneys. The former lawyer had vowed to scrutinize the firm’s work for any errors. Not only was the case handled with aplomb, but the firm’s work led to a victory. Generally speaking, winning criminal appeals is a rare and difficult achievement.

Associate Justice Kenneth Yegan issued a concurring opinion where he harshly criticized the other justices for their liberal approach to the case. Justice Yegan had been appointed to the judiciary by a Republican governor, and his concurrence expressed annoyance that the Spolin & Dukes client has already “whittled down” his sentence from 50-years-to-life to now 15-years-to-life, with the possibility of even more reductions in the Superior Court based on the current win. Nonetheless, even this conservative judge was forced to agree with the Spolin & Dukes attorneys in granting the appeal, writing: “But, I must concur for the reasons stated in People v. Arreguin.” The client and his family were delighted with the outcome, as were the attorneys at the firm.

Ms. Dukes acknowledges the hard work of not just her own but also the other attorneys, paralegals, assistants, and staff who dedicated many hours to provide the highest level of advocacy for this client. Their collective efforts paid off in this case, and she expresses her happiness and gratitude for the successful outcome.

On January 9, 2024, Aaron Spolin of Spolin & Dukes P.C. argued a complex and significant case in front of the Ninth Circuit Court of Appeals at the Richard H. Chambers U.S. Courthouse in Pasadena, California (USA v. Javier Durazo-Miranda; 22-50305). This oral argument proceeding was conducted after several months of work on written court submissions, including an Opening Brief, as well as a Reply Brief where Spolin & Dukes attorneys refuted the government’s arguments.

As can be seen in the recording of the court proceeding, Mr. Spolin used strong legal arguments and convincing case evidence, while also highlighting the client’s character and humanity, an approach frequently used by Mr. Spolin and the other attorneys at the firm. The Spolin & Dukes team believes that this multifaceted, yet understated, method encourages the court to not only evaluate the merits of the legal arguments presented, but to also see the client as a human being whose case is worthy of earnest consideration.

“I’ve heard time and again from my clients that the legal system makes them feel less than human, like they’re just a name or number on a piece of paper,” Mr. Spolin recently remarked. “I want my clients to know that they’re important, that they matter. And I want the court to see that too. The fate of someone’s life is literally in their hands, and I don’t want them to take that lightly.”

The team at Spolin & Dukes works in courts across the country.  The firm is led by Mr. Spolin, mentioned above, as well as Caitlin Dukes, a former prosecutor. To find out if the firm’s attorneys may be able to help with your case, or the case of a loved one, please call 866-716-2805.

Spolin & Dukes partners Caitlin Dukes and Aaron Spolin have co-authored and published a new book on federal writs of habeas corpus, a type of criminal appeal. Fighting Federal Writs of Habeas Corpus, now available for purchase, describes the strategies that attorneys can take to increase their chances of winning this type of appeal. The book is based on Ms. Dukes and Mr. Spolin’s experience handling federal writs throughout the country.

The following description appears on the back of the book:

After losing an appeal in state court, there is usually one last type of appeal available: the federal writ of habeas corpus. This type of appeal occurs in federal court and generally involves rights violations under the United States Constitution. In essence, the goal of a federal writ is to overturn a conviction or sentence and, ideally, win an inmate’s freedom.

In this book, two of the country’s leading habeas attorneys, Caitlin Dukes and Aaron Spolin, explain the ins and outs of fighting federal writs of habeas corpus. Based on their experience in state and federal courts, these former prosecutors explain the arguments, procedures, and strategies that are needed for a habeas writ to have a fighting chance.

Caitlin Dukes and Aaron Spolin are partners at Spolin & Dukes P.C., a law firm exclusively dedicated to criminal appeals and writs of habeas corpus. They currently handle appellate work for select clients throughout the country.

Book purchases can be made through Amazon.com.

The authors, as well as the other Spolin & Dukes appeals attorneys, can be reached at (866) 716-2805.