Constitutional Cases
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Constitutional

5th District Court of Appeal
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In re Bergstrom — Penal Code section 292 validly defines ‘acts of violence’ and ‘great bodily harm’ under California Constitution’s no-bail provision

Fifth District holds that Penal Code section 292’s definitions of ‘acts of violence’ and ‘great bodily harm’ are constitutional under California Constitution article I, section 12, and that a no-bail order in a serious child sexual abuse case was supported by clear and

2nd District Court of Appeal, Division One
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In re Lynex — Racial Justice Act Petitioner Entitled to Counsel on a ‘Plausible Allegation’ Standard, Not a Prima Facie Showing

Second District grants writ of mandate, holding that an indigent petitioner under California’s Racial Justice Act must show only a ‘plausible allegation’ of a violation to obtain counsel — not a prima facie showing of entitlement to relief — and may amend his petition to meet that

4th District Court of Appeal, Division Three
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Anaheim Police Dept. v. Crockett — Gun Violence Restraining Order Properly Issued Against Father Whose Son Threatened a School Shooting

Fourth District affirms a Gun Violence Restraining Order against a father whose adult son with a documented mental-health history threatened a mass shooting at a local high school, holding the order survives Second Amendment, vagueness, and overbreadth challenges.

4th District Court of Appeal, Division One
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People v. Zapata — Confession to Undercover ‘Perkins’ Operatives Inadmissible When Suspect Had Invoked Right to Counsel

Fourth District reverses a second-degree-murder conviction, holding that statements obtained from a defendant during an undercover Perkins operation were inadmissible under Miranda because the suspect had invoked his right to counsel and a known law-enforcement officer continued to ‘stimulate&

2nd District Court of Appeal, Division One
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People v. Heaps — UCLA Gynecologist’s Convictions Reversed Where Trial Court’s Ex Parte Communications With Jury Deprived Defendant of Counsel

Second District reverses convictions of former UCLA gynecologic oncologist James Heaps, holding the trial court’s ex parte communications with the jury through a judicial assistant — without notifying counsel — deprived defendant of counsel at a critical stage and the prosecution failed to pro

U.S. District Court — Southern District of California
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Salazar Juarez v. Abdi — S.D. Cal. Allows Eighth Amendment Excessive-Force Claim Over ‘Hot Metal Plate’ Incident at RJD to Proceed

After IFP screening of an amended complaint by a state prisoner experiencing a mental-health crisis, the court allowed his Eighth Amendment excessive-force claim to proceed against two correctional officers who allegedly held him against a hot metal plate causing severe burns, but dismissed his deli

1st District Court of Appeal, Division Four
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In re Thai — Indeterminate-Life Inmates Not Constitutionally Entitled to Same Conduct Credits Toward Youth-Parole Eligibility as Toward Standard Parole

First District denies habeas relief, holding that CDCR may constitutionally permit only educational merit credits — and not other prison conduct credits — to advance an inmate’s youth-parole eligibility date under Penal Code section 3051.

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