Constitutional Cases
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The People v. Matthew Negrete — Court of Appeal affirms child molestation convictions, rejecting a challenge to the jury instruction on offense dates and finding no error in the handling of school records

The Fourth District Court of Appeal, Division Two, affirmed Matthew Negrete’s convictions and 25-years-to-life sentence, holding that the trial court properly instructed the jury on the alleged offense timeframe and did not abuse its discretion in declining to disclose school records after in

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The People v. Marvion Templeton — Traffic stop was not unlawfully prolonged because officers developed reasonable suspicion of drug-impaired driving

California’s Second District Court of Appeal affirmed Marvion Templeton’s firearm conviction, holding that an officer’s observations during a lawful registration stop supported further investigation and that Templeton forfeited his separate challenge to the search of a pill bottle.

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Igor Lyakhovestskiy v. Markwayne Mullin, et al. — Federal Court Denies Amended Habeas Petition Challenging Mandatory Immigration Detention and Arrest Without Warrant Claims

A federal district court denied a Ukrainian lawful permanent resident’s amended habeas corpus petition, finding his fentanyl possession conviction triggered mandatory detention under 8 U.S.C. § 1226(c) and that he was served with an administrative warrant upon transfer to ICE custody.

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Richard Edward Dougherty v. Warden Robert Brown — Federal Prisoner’s Challenge to SHU Placement Not Cognizable Under § 2241 Because Success Would Not Necessarily Accelerate Release

A magistrate judge recommended dismissing a federal prisoner’s § 2241 petition for lack of jurisdiction because his challenge to a 307-day SHU placement would not necessarily lead to immediate or earlier release, so his claims belong, if at all, in a § 1983 action.

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Robin Ray Keith v. J. Doerer — Magistrate Judge Recommends Dismissing Federal Prisoner’s § 2241 Petition Because Medical-Care Claims Challenge Conditions, Not Fact or Duration, of Confinement

A magistrate judge in the Eastern District of California recommended dismissing a federal prisoner’s pro se § 2241 habeas petition because his claims about a denied medical device and inadequate care challenge the conditions of his confinement, not the fact or duration of it, and declined to c

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Antoine Caradine v. Amber Williams — Federal Court Orders State Prisoner to Show Cause Why Habeas Petition Should Not Be Dismissed for Failure to Exhaust State Remedies

A federal magistrate judge ordered a state prisoner to show cause within thirty days why his habeas corpus petition should not be dismissed for failure to exhaust state remedies: the petition showed no indication that the due process claim was presented to the California Supreme Court, and stated th

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People v. Carl Albert Skidmore — One Strike enhancement based on a pre-enactment conviction does not violate the ex post facto prohibition

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

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Kory Darty v. Rick Hill — Federal Court Dismisses Habeas Petition Challenging Denial of State Re-sentencing Under California Penal Code § 1172.6

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

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Burr v. Ridgecrest Municipal, et al. — Magistrate judge recommends dismissing § 2241 petition without prejudice under Younger during pending Kern County prosecution

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.

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Warren Andrew Nelsen v. Mule Creek State Prison Health Care Service — Magistrate judge recommends dismissal of habeas petition because it challenges a prior § 1983 data-breach suit, not the legality of custody

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.

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People v. Jimenez — Racial Justice Act Charging Claim Fails Without a Like-for-Like Comparison of Similarly Situated Murder Defendants

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

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Daniel Ochoa v. Doerer, No. 1:26-cv-02110-SAB-HC (E.D. Cal. Nov. 3, 2026) — Magistrate Judge recommends dismissal of § 2241 petition for lack of jurisdiction because the savings clause does not permit an intervening change in career-offender guideline interpretation to circumvent AEDPA’s restrictions on successive § 2255 motions

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

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Kevin Lewis Hayes v. Kristin Alvarado, et al., No. 5:26-cv-00337-EKL (N.D. Cal. Nov. 3, 2026) — Prisoner’s First Amendment retaliation and due process claims dismissed with prejudice after repeated failure to allege plausible facts

The court dismissed a pro se prisoner’s § 1983 action with prejudice after multiple opportunities to amend failed to cure deficiencies in his First Amendment retaliation and due process claims against a correctional officer.

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Brooks v. People of the State of California, No. 3:26-cv-04801-LJC (N.D. Cal. Nov. 3, 2026) — Magistrate Judge grants IFP and orders petitioner to show cause why pre-conviction habeas petition should not be dismissed for lack of custody and Younger abstention

The court grants the pro se petitioner’s IFP application but orders her to show cause by November 30, 2026 why her § 2241 petition challenging an ongoing state criminal prosecution should not be dismissed for failure to establish the custody requirement and because Younger abstention and exhau

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People v. Vasquez, H053023 (Cal. Ct. App. 6th Dist. Oct. 30, 2026) — Sexual-offense convictions affirmed, but gang-participation strike finding and sentence vacated for resentencing under current law

The Sixth District affirmed Manuel Vasquez’s eight sexual-offense convictions but vacated his gang-participation strike finding and entire sentence because the prosecution’s records established only the fact of his 2009 conviction, not the underlying facts showing it satisfied section 18

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The People v. Branden Ferguson — Upper-Term Sentences Vacated Because Ferguson Did Not Personally Waive a Jury Trial on the Aggravating Factors Relied On at Sentencing

The Fifth District Court of Appeal vacated Branden Ferguson’s sentences in two Kern County cases because the trial court imposed an upper term using aggravating factors on which Ferguson had not personally waived his jury-trial right, and the error was not harmless beyond a reasonable doubt.

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