2022-2023 Pro Bono Program Review

O’Melveny Frees Juvenile Offender from Life Sentence in Adult Prison

The Outcome

At Stake

After serving over 15 years behind bars, O’Melveny’s 30-year-old client was released from prison

The freedom of a man who was sentenced to life in prison at age 14

Photo: After the court ordered the client’s release, O’Melveny arranged a celebratory Zoom for him and his family.

O’Melveny’s pro bono team achieved a life-changing victory for a 30-year-old man who had been sentenced to 80 years to life in prison. He was just 14 when he was tried as an adult, a practice now forbidden under California law. The defendant, who maintained his innocence, had exhausted nearly all his legal options. An O’Melveny team sought his release under Penal Code section 1170(d), which allows defendants to seek recall and resentencing if they were under 18 at the time of the offense, have been incarcerated for at least 15 years, received a life sentence, and meet at least one enumerated mitigation factor. Because California law now prohibits juveniles from being tried as adults, his case was transferred to juvenile court, which granted his petition in a courtroom full of family and friends.

O’Melveny Secures Stay of Execution for Texas Woman on Death Row

At Stake

Collaborators

The Outcome

The imminent execution of a woman who maintained her innocence after the tragic accidental death of her 2-year-old daughter

Federal Defender for the Western District of Texas, the Innocence Project, and the Cornell Center on the Death Penalty Worldwide

Stay of execution granted after 15 years on death row

O’Melveny played a crucial role in obtaining a stay of execution for Melissa Lucio, a Texas capital defendant. Lucio had spent 15 years on death row following her conviction after investigators coerced her false confession in connection with her 2-year-old daughter’s accidental fall. The case was premised on unreliable scientific evidence and the contested confession.

average number of hours per US O’Melveny attorney in 2023 102

With Lucio’s execution date set for April 27, 2022, O’Melveny and several pro bono partners took swift action, filing a clemency petition and multiple court submissions seeking legal relief. Just two days before Lucio’s scheduled execution, the Texas Court of Criminal Appeals granted a stay of execution based on her compelling showing of innocence and other claims. This decision allowed Lucio to present new evidence in the trial court and secure the opportunity for a new trial.

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PRO BONO PROGRAM REVIEW 2022-2023