A specific allegation that trial attorneys discussed conviction in racial terms cleared the low thresholds for appointed counsel and Racial Justice Act discovery.
The court denied a Section 2255 motion because the record defeated Khan’s ineffective-assistance, supervised-release, and plea-breach arguments.
The California Supreme Court affirmed a death judgment in a reopened 1978 murder, rejecting jury-selection and prior-sexual-offense evidence challenges.
A great-bodily-injury enhancement must be stricken when imposed on battery causing serious bodily injury based on the same injury.
The court held that injury DUI is not necessarily included within gross vehicular manslaughter while intoxicated.
The Ninth Circuit affirmed a felon-in-possession conviction but vacated the sentence because protected legal challenges were used against acceptance credit.
The Ninth Circuit held that defense counsel violated a California defendant’s autonomy by conceding the conduct underlying a criminal-threats charge despite his insistence on innocence.
The Ninth Circuit held that a federal law-enforcement agent with trusted database access occupied a sensitive position for purposes of the bribery sentencing enhancement.
The Fourth District allowed a second magazine-importation prosecution because a later-discovered purchase receipt supplied essential proof unavailable despite due diligence.
A published First District decision holds that section 875(k) permitted adult-jail placement for a former DJJ ward who had also received a state-prison sentence.
The First District held that a juvenile’s amnesia did not establish incompetence where he otherwise understood the proceedings and could assist counsel.
The Second District held that attempted robbery requires robbery intent and a direct step, but not proof that the defendant actually used force or caused fear.
The California Supreme Court held that striking firearm enhancements on habeas review did not automatically require full resentencing under all later ameliorative laws.
The California Supreme Court reversed a reinstated capital judgment because a hearing held 19 years later could not reliably determine the defendant’s competency at trial.
The California Supreme Court affirmed Kevin Pearson’s death judgment and held that any Senate Bill 1437 error was harmless given the jury’s valid findings and his conduct.
A published California decision holds that probation officers cannot impose juvenile electronic monitoring without judicial review and clear standards.
The Ninth Circuit upheld a California death sentence, finding the state court reasonably rejected claims involving counsel, competency, and intellectual disability.
The California Supreme Court reversed and directed the trial court to grant the motion, vacate the convictions, and conduct further proceedings. Counsel’s generalized and inaccurate advice did not give Hernandez the concrete understanding needed to make an informed plea decision.
The California Supreme Court affirmed the judgment in full. The majority concluded that the trial court did not commit reversible error in jury selection or the conduct of either phase and that the evidence supported the convictions, special circumstances, and penalty determination.
A defendant’s absence from a pretrial competency hearing did not require reversal because his presence would not have contributed to the hearing’s fairness.
A district court had to explain why it rejected specific new mitigation evidence when denying an eligible prisoner’s sentence-reduction motion.
Probation terms allowing warrantless property searches did not clearly authorize officers to conduct a suspicionless search of a probationer’s phone photographs.
The Ninth Circuit remanded asylum and cancellation issues because immigration adjudicators relied on non-elements of the conviction and failed to address material evidence of responsibility.
A court conducting prison-prior resentencing may reimpose an upper term that was part of the original sentence without a new jury finding.