Via email this morning…..

Let’s Celebrate a Victory with Stanford Law! Freedom for another 3-Striker!
This message was sent to various lists and staff at Stanford University, by Professor Lawrence C. Marshall
Associate Dean for Clinical Educations and
David & Stephanie Mills Director of the Mills Legal Clinic
Stanford Law School
I have received permission to send it out.
Thanks,
Barb Brooks, SJRA Advocate
Subject: Yet Another Mills Legal Clinic Victory in a Three Stikes Case
Please join me in congratulating the students, faculty and staff of the Mills Legal Clinic’s Criminal Defense Clinic on a stunning victory yesterday on behalf of the clinic’s client, Kevin Davenport.
In 2006, Mr. Davenport was sentenced to life under the Three Strikes law for the petty theft of a used video camera from a family friend. His prior strikes were committed over 15 years ago and were also non-violent property crimes.
In September, based on briefing and investigation conducted by Cameron Johnson (‘09), Clare Reilly (‘09), Annie Osburn (‘10), and Tiffany Cartwright (‘10), a judge in Kern County reversed Mr. Davenport’s life sentence, ruling that he was denied effective assistance of counsel by his original court-appointed attorney. The court ordered a new sentencing hearing, which was conducted yesterday.
Kathleen Fox (‘10) and Ashley Simonson (‘10) appeared on behalf of Mr. Davenport at his new sentencing hearing in Superior Court. They introduced new evidence that Mr. Davenport has been diagnosed with a serious mental illness (schizo-affective disorder) and presented expert testimony about the gravity of his condition and positive prognosis with medication. Following an hour-long hearing, including oral argument by Kathleen, the judge re-sentenced Mr. Davenport to 6 years for the crime, with credit for the time Mr. Davenport has already served. (He will be released next year.)
Among other evidence, the Court was particularly interested in the contribution from Stanford’s Social Security Disabilities Rights program, directed by Lisa Douglass, which submitted documents pledging to represent Mr. Davenport to obtain disability benefits based on his mental illness upon his release.
Mr. Davenport is the eitth person serving a life sentence for a non-violent and non-serious third strike who has secured a new sentence through the work of Clinic’s students. Lest we llose sight of what that means, each of these inmates would almost certainly have lingered in prison for life had the clinic students not been available to represent them.
The Criminal Defense Clinic is supervised by Michael Romano and Galit Lipa, with the assistance of paralegal Lynda Johnston.
This was a terrific team effort. Contratulations to all.

Professor Lawrence C. Marshall
Associate Dean for Clinical Educations and
David & Stephanie Mills Director of the Mills Legal Clinic
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94306

__________________
The last of all freedoms is the ability to choose one's attitude in a given set of circumstances.
G. W. Allport.

Great news, I don't agree with the 3 Strike rule/law especially for non-violent crimes.

Great news !