News

Death Row Inmate’s Petition for Habeas Corpus Granted After Thirty-Year Pro Bono Fight

December 19, 2018 Announcement

SAN FRANCISCO, Dec. 19, 2018: Following legal efforts spanning 30 years, Farella Braun + Martel’s Pro Bono Program has won a significant victory for one of its clients, securing a writ of habeas corpus and dismissal of all remaining claims for Marvin Pete Walker Jr., one of the longest serving inmates on California’s death row. (Case No. 94-cv-01997-PJH)

The pro bono effort spanned three decades and included two trips to the Supreme Court of California, an earlier appeal to the Ninth Circuit and years of district court litigation. The effort cleared a major hurdle toward saving Walker’s life when U.S. District Judge Phyllis Hamilton on Dec. 14 issued an order granting Walker’s petition for a writ of habeas corpus. The court found that the penalty phase of Walker’s trial violated his constitutional rights because he was not provided effective assistance of counsel, and that the California Supreme Court was unreasonable in its 2004 ruling denying Walker’s claims.

“We’re pleased with the court’s decision. Whatever you think of the death penalty, it’s unfair to have a trial where trial counsel does not investigate and prepare a defense on the penalty phase,” said co-lead counsel Tom Mayhew, a partner at Farella Braun + Martel.

Walker was sentenced to death in 1980 by a jury in the Superior Court of Santa Clara County for the 1979 murder of Joseph Vasquez and wounding of two others in a liquor store holdup in San Jose. The death sentence was originally reversed by the California Supreme Court, but then reinstated after the 1986 election that changed the California Supreme Court’s composition. In 1989, lawyers at Farella, led at the time by Doug Young, were appointed by the court to represent Walker in challenging his conviction and death sentence.  

Since its inception, Farella Braun + Martel has maintained an active pro bono practice that includes death penalty habeas corpus cases. The firm does not limit the number of hours for which lawyers can receive credit for pro bono work, and associates are encouraged to further hone their advocacy and trial skills and serve the broader community by taking on pro bono opportunities.

Farella lawyers on the matter include partners Doug Young and Tom Mayhew with assistance from senior associate Alex Reese and former colleagues Racheal Turner, David Ismay and David Phillips. Nanci Clarence of Clarence, Dyer & Cohen served as co-counsel.

Farella Braun + Martel LLP is a leading Northern California law firm representing corporate and private clients in sophisticated business transactions and complex commercial, civil and criminal litigation. Clients like our imaginative legal solutions and the dynamism and intellectual creativity of our lawyers. The attorneys in each practice group work cohesively in interdisciplinary teams to advance the clients’ objectives in the most effective, coordinated and efficient manner. Founded in 1962, we are headquartered in San Francisco and maintain an office in the Napa Valley that is focused on the wine industry.  

Contact:
Cheryl Loof
Farella Braun + Martel LLP
415.954.4433 / [email protected]
Follow us on LinkedIn | Twitter

Firm Highlights

News

JPMorgan Chase Accuses TransUnion of Stealing 'Trade Secrets'

Intellectual property practice chair Eugene Mar provided expert commentary to American Banker for the article "JPMorgan Chase Accuses TransUnion of Stealing 'Trade Secrets'." In the article, he said: "By filing this as a trade...

Read More
Publication

Employment Law Update for Nonprofits With Holly Sutton

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . Charities, foundations, and their founders often request help addressing employment practices and compliance questions. In this episode, host Cynthia Rowland is joined by Holly...

Read More
News

North Coast Industry Insiders Weigh In on Why California Cannabis Tax Revenue Slipped in 2023

Jeff Hamilton spoke to Susan Wood with the North Bay Business Journal for the article "North Coast Industry Insiders Weigh In on Why California Cannabis Tax Revenue Slipped in 2023." Read the article with Jeff's...

Read More
Publication

Corporate Transparency Act: A Guide on Beneficial Ownership for Nonprofit Executives

The Corporate Transparency Act, enacted as part of the National Defense Authorization Act for Fiscal Year 2021, represents a significant shift in regulatory requirements for entities across the United States. This act, set to...

Read More
News

Farella Announces 2024 Leadership Council on Legal Diversity Pathfinders: Taylor Rottjakob and John Ugai

Farella Braun + Martel is proud to announce that senior associates  Taylor E. Rottjakob and John M. Ugai have been named 2024 Leadership Council on Legal Diversity (LCLD) Pathfinders. Pathfinders have been identified as...

Read More
News

Farella Braun + Martel Earns San Francisco Green Business Recertification

Read More
Publication

Corporate Transparency Act: State of the Law and Beneficial Ownership Reporting Requirements

Key Points: Despite ongoing legal challenges, the Corporate Transparency Act (CTA) generally remains in effect and enforceable. Clients should continue to abide by its regulations. Initial reports for entities formed in 2024 are due within...

Read More
News

Scraping Battles: Meta Loses Legal Effort to Halt Harvesting of Personal Profiles

Alex Reese spoke to Matt Fleischer-Black of  Cybersecurity Law Report about the Meta v. Bright Data decision and its impact on U.S. scraping case law. Read the article here (paywall or trial).

Read More
Publication

Nonprofit Quick Tip: State Filings in North Carolina and South Carolina

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . Episode 75 is the tenth in a series of Quick Tip episodes focusing on the details of state registration of nonprofit corporations. With...

Read More
Publication

Insurance Market Crushes Wineries and Wine Country Homeowners

We keep hearing about how difficult it is for winery and vineyard owners to get property insurance these days, both for their homes and their wine businesses in California’s wildfire-prone areas. Those who have...

Read More