Thursday, April 06, 2023

Nijmeddin v. Superior Court (Cal. Ct. App. - April 5, 2023)

On the one hand, Mr. Nijmeddin was convicted of murder (including backing his truck up over the victim) and sentenced to life in prison, has a criminal history that includes assaults and burglaries, and while in prison has committed several serious rules violations, including violations for fighting and serious threats. He's also only been in prison for the murder conviction for seven years thus far.

On the other hand, Mr. Nijmeddin now has advanced pancreatic cancer, has only 3 to 6 months to live, is now bound to a wheelchair, can't walk, stays in his bed 22 hours a day, can't take care of himself, is 65 years old, and will soon need 24-hour care. He's also got a brother who's an attorney and judge pro tem in Fresno who has not always gotten along with him (e.g., previously evicted him), but who's nonetheless willing to take care of Mr. Nijmeddin during his final days, who's view is that “I think that in the end of his life, [] [Nijmeddin] is looking to mend fences, not to create more problems.” The brother's willing to be his caregiver, has started to arrange hospice services, and although "his house has a safe with guns in it, [] he has already arranged for it to be moved to his sister’s house, which is about 10 miles away."

The trial court refused to grant Mr. Nijmeddin compassionate release, holding that he was still a serious danger to society. On appeal, the California AG's Office confessed error, and the Court of Appeal agrees, reversing and ordering the trial court to order Mr. Nijmeddin's release forthwith.

I suspect that at least most of the fighting that Mr. Nijmeddin did in prison was long before he had terminal cancer and was unable to walk and stuck in a wheelchair.