California Case Summaries
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California

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United States v. Abdul Kareem — Ninth Circuit Reverses ISIS Material-Support Conspiracy Conviction for Insufficient Evidence of Direction or Control

The Ninth Circuit reversed Abdul Malik Abdul Kareem’s conviction for conspiring to provide material support to ISIS, holding that evidence of ideological sympathy and independent violence inspired by a terrorist group’s propaganda cannot sustain a conviction under 18 U.S.C. § 2339B witho

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Smothers v. Bonta — Ninth Circuit vacates improperly issued certificate of appealability and dismisses Double Jeopardy habeas appeal for lack of jurisdiction

The Ninth Circuit vacated a certificate of appealability because its certified question presented no constitutional issue and could provide no effectual relief, declined to expand it to the Double Jeopardy claim, and dismissed the appeal for lack of jurisdiction.

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United States v. Abdul Malik Abdul Kareem — Ninth Circuit Affirms Firearms Conspiracy Conviction and Related Rulings, Reverses Count Five in Separate Published Opinion

The Ninth Circuit affirmed Abdul Malik Abdul Kareem’s convictions for conspiracy to transport firearms in interstate commerce and related charges, rejecting challenges to evidentiary rulings, sufficiency, Brady claims, sealed filings, and jury instructions, while reversing Count Five in a sepa

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People v. Rogers — Domestic violence prior acts properly admitted; probation conditions delegating treatment selection to probation officer upheld

The Court of Appeal affirmed an order suspending execution of sentence and granting probation after a jury convicted Earl Lamont Rogers of domestic violence offenses, holding that he forfeited his challenge to the admission of a prior threatening phone call by failing to object on the specific groun

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The People v. Jessie Cornejo Ambriz — Court of Appeal Affirms Domestic Violence Convictions and Sentence, Finding One Evidentiary Error Harmless and Ordering Correction of the Abstract of Judgment

The Court of Appeal affirmed Jessie Cornejo Ambriz’s convictions and seven-year, four-month prison sentence, concluding that his statement during a prolonged strangulation and suffocation attack supported a criminal-threat conviction and that the sole trial error was harmless.

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People v. Garcia — Affirmance of Convictions for Conspiracy, Kidnapping, Sexual Penetration, Torture, and Dissuading a Witness; Correction of Abstract of Judgment Ordered

The Court of Appeal affirmed Sandra Garcia’s convictions for conspiracy to commit kidnapping, sexual penetration by force, kidnapping a child under 14, torture, and dissuading a witness, rejecting her claims of Sixth Amendment violations, instructional error, insufficient evidence, and an exce

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People v. Fuller — Explicit bathtub photographs supplied minimal independent corpus delicti evidence, but concurrent one-third-middle-term sentences required resentencing

The Fifth District upheld three child-sex convictions because explicit bathtub photographs permitted a reasonable inference supporting the corpus delicti, rejected constitutional challenges to the indeterminate sentences, and vacated unauthorized concurrent terms on 14 other counts.

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Christopher Hawkins v. The People of the State of California and California Attorney General Rob Bonta — Federal Habeas Petition Dismissed Without Prejudice for Procedural Defects

The U.S. District Court for the Southern District of California dismissed Christopher Hawkins’s pro se habeas petition without prejudice because he failed to pay the filing fee or seek in forma pauperis status, named improper respondents, and did not use the court-approved form.

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Vital Grasshopper Cove LLC v. United States — Court Grants Third-Party Petition, Amends Criminal Forfeiture Order, and Divests United States of Tennessee Property

The court granted Vital Grasshopper Cove LLC’s petition for declaratory judgment, found the petitioner was a bona fide purchaser reasonably without cause to believe the property was subject to forfeiture, amended the prior criminal forfeiture order, and divested the United States of any rights

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Luis Alberto Alarcon Nava v. Jena Jone, et al. — Magistrate Judge Recommends Dismissing Successive Habeas Petition and Noncognizable Racial Justice Act Claims

A magistrate judge recommended dismissing Luis Alberto Alarcon Nava’s habeas petition because it was an unauthorized successive challenge to his 2012 Kern County judgment and its Racial Justice Act and related counsel claims did not state cognizable grounds for federal habeas relief.

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Jason Douglas McEvoy v. The State of California, et al. — Federal Court Orders California Prisoner to Show Cause Why Habeas Petition Should Not Be Dismissed for Failure to Exhaust and Younger Abstention

A federal magistrate judge ordered a California prisoner to show cause why his habeas petition should not be dismissed because he had not exhausted state remedies and because the Younger abstention doctrine bars federal interference in his ongoing state criminal cases.

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Christopher Box v. James Hill, Warden of Richard J. Donovan Correctional Facility — Court orders joint status report after Governor commutes all California death sentences

After California’s Governor announced commutation of all death sentences to life without parole, the federal district court in this death penalty habeas case directed the parties to confer and file a joint status report addressing the impact on the pending petition and on counsel’s appoi

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