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Litigation

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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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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. 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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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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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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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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People v. Garcia — Sentence affirmed because the trial court permissibly found aggravating circumstances outweighed statutory mitigating factors

The Fourth District Court of Appeal, Division Two, affirmed Tizoc Garcia’s 26-year sentence, holding that the trial court understood its duties under Penal Code section 1385 and did not abuse its discretion by finding that Garcia’s recidivism and other aggravating circumstances outweighe

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Roberto Ordonez Martinez v. Warden T. Valdez — Federal Habeas Petition Appears Time-Barred Under AEDPA; Petitioner Ordered to Show Cause

A federal magistrate judge ordered a state prisoner to show cause why his habeas petition should not be dismissed as untimely, finding it was filed years after the one-year AEDPA deadline expired and that no statutory tolling, equitable tolling, or actual innocence exception appeared to apply.

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Alex Felix Yanez Dayyan v. Warden of Federal of Prisons — Magistrate Judge Recommends Dismissal Without Prejudice and Orders Random Assignment of District Judge

A federal magistrate judge recommended dismissing a pro se prisoner’s Section 2241 habeas petition without prejudice for failure to prosecute after mail sent to him was returned as undeliverable and he failed to give the court a current address within thirty days, and separately ordered the Cl

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Crystal Gillespie v. Superior Court of San Diego County — Court of Appeal Denies Writ of Mandate and Upholds Denial of Mental Health Diversion Despite Expert’s AI Use

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

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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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The People v. James Ray Mitchell — Appeals dismissed as moot after sentence completion despite Supreme Court direction to vacate sentence and reconsider

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

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