The Court of Appeal ordered a specific wording change in its October 12, 2026 opinion, denied Alfred Eugene Shallowhorn’s petition for rehearing, and stated that there is no change in the judgment.
The Court of Appeal denied Crystal Gillespie’s petition for a writ of mandate challenging the denial of pretrial mental health diversion, holding that the trial court applied the correct legal standard, that its credibility finding about the prosecution expert’s limited use of AI was sup
The Third District Court of Appeal affirmed a 360-day juvenile hall commitment after appointed counsel filed a Wende brief and the court’s independent review of the entire record found no arguable error that would result in a more favorable disposition for the minor.
On remand from the California Supreme Court for reconsideration under People v. Lopez, the Court of Appeal again affirmed denial of Jesus Espinoza’s section 1172.6 resentencing petition because the record conclusively showed he was convicted of second degree murder as a direct aider and abetto
The First District Court of Appeal, Division Five, treated Skidmore’s appeal from the denial of his postconviction motion as a habeas corpus petition and denied it, holding that using his 1985 offense to enhance sentences for crimes committed in 2008 did not impose retroactive punishment for the ear
The Court of Appeal affirmed a trial court’s decision to resentence a defendant under Penal Code section 1172.75 but refuse to strike his prior strike convictions or serious felony enhancement, finding no abuse of discretion and rejecting an ineffective assistance of counsel claim.
A federal district court adopted a magistrate judge’s recommendation and dismissed a state prisoner’s habeas petition, finding that his challenge to the denial of re-sentencing under California Penal Code § 1172.6 did not present a cognizable federal claim and that any challenge to his u
The Second District Court of Appeal, Division Three, dismissed James Ray Mitchell’s appeals as moot because he completed his sentence and was neither in custody nor on parole, even though the California Supreme Court had transferred the matter with the direction to vacate his sentence and reco
The Court of Appeal affirmed the trial court’s refusal to dismiss the remaining firearm enhancement on the kidnapping count, but modified the judgment and remanded to reflect 4,798 days of custody credit plus 354 days of presentence conduct credit, for 5,152 total days.
The Court of Appeal affirmed the judgment imposing full, consecutive sentences for sodomy and forcible oral copulation against the same victim, holding that substantial evidence supported the trial court’s finding that the offenses occurred on separate occasions under Penal Code section 667.6(
In an unpublished opinion following transfer from the California Supreme Court, the Court of Appeal reversed Weldon’s stipulated three-year-four-month sentence because he could not have waived section 1170(b)’s then-nonexistent requirements and specified the waiver, modification, and ple
California’s First District Court of Appeal affirmed a $6,958 victim-restitution award for a stolen and crashed car, holding that the low end of its Kelley Blue Book range supplied a rational and factual basis and that no salvage-value deduction was required.
A magistrate judge recommends dismissing a federal prisoner’s § 2241 petition for lack of jurisdiction because § 2255 remains the exclusive remedy for challenging his conviction, and separately directs the clerk to randomly assign a district judge.
A federal magistrate judge recommended dismissing a California habeas petition seeking First Step Act earned time credits because the petitioner had been released from Bureau of Prisons custody and the court could no longer provide the requested relief.
A California federal magistrate judge ordered Roberto Gil to explain why his habeas challenge to a completed Florida conviction should not be summarily dismissed for lack of jurisdiction.
The Eastern District of California adopted a magistrate judge’s findings and recommendations, dismissed Deion Griffin’s Section 2254 habeas action without prejudice for failure to prosecute and comply with court orders, and declined to issue a certificate of appealability.
The Eastern District of California adopted the magistrate judge’s findings and recommendations in full, dismissed Scott Keith Ernst’s amended § 2254 petition without leave to amend as time-barred, and declined to issue a certificate of appealability.
A magistrate judge recommended dismissal without prejudice under Younger v. Harris because the relief sought by state detainee Derek Howard Burr would interfere with his pending prosecution. The judge separately discussed the apparent lack of exhaustion.
The Court of Appeal affirmed a 77-years-to-life resentence, holding that the mitigating circumstance in Penal Code section 1385(c)(2)(A) requires the same showing needed to prove a disparate-sentencing violation under the Racial Justice Act, and that statewide statistics without individual comparato
A magistrate judge recommended dismissing a pro se state prisoner’s § 2254 petition because it attacks the outcome of a prior § 1983 data-breach lawsuit rather than the constitutionality of his custody.
The Sixth District held in a partially published opinion that Racial Justice Act statistics comparing Latinx overrepresentation among life-without-parole prisoners with the general population, rather than with similarly situated murder defendants, did not make a prima facie showing of disparate spec
A magistrate judge recommends dismissing a federal prisoner’s § 2241 petition for lack of jurisdiction, concluding that the savings clause of § 2255(e) does not allow a prisoner to use an intervening change in career-offender guideline interpretation to bypass AEDPA’s restrictions on sec
The Ninth Circuit affirmed alien-smuggling convictions in an unpublished memorandum, assuming without deciding that errors occurred in admitting a CBP officer’s expert testimony and in the government’s Rule 16 notice, and holding that neither required reversal.
The district court left its adoption of the magistrate judge’s recommendation and dismissal of Mitchell Pyles’s § 2254 petition without prejudice in effect, overruled objections drawn from three later motions, and denied those motions.