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.
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.
The Ninth Circuit affirmed alien-smuggling convictions in an unpublished memorandum, assuming without deciding that errors occurred in admitting a CBP officer’s expert testimony and in the government’s Rule 16 notice, and holding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.
In an unpublished memorandum, the Ninth Circuit affirmed a judgment forfeiting a $530,000 bond, holding that the district court acted within its wide discretion under Rule 46(f)(2) in refusing to set the forfeiture aside.
A federal district judge denied Daniel Herrera Luna’s petition for a writ of habeas corpus and dismissed the action without prejudice, adopting the magistrate judge’s findings and recommendations.
A federal magistrate judge ordered a pro se habeas petitioner to show cause why his challenge to a 1993 conviction should not be dismissed as untimely by twenty-seven years, unexhausted, and potentially subject to Younger abstention due to ongoing state proceedings.
The Fifth District affirmed McKinzy’s convictions and sentence, holding that his violent attack on counsel, continuing threats, and refusal to attend supported his exclusion from the bifurcated prior-conviction trial and that the record did not show counsel conceded guilt over his objection.
The Fifth District affirmed the superior court’s denial of Derek Joseph Tristao’s petition challenging his disqualified-person determination because his appellate record was inadequate, and it added that the 2026 statutory notice exception would not apply retroactively even if the record
The Court of Appeal reversed Strader Allen Surratt’s resentencing orders because the trial court mistakenly believed his plea bargain left it only the choices of retaining or entirely striking his 20-year firearm enhancement.
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
The Fifth District Court of Appeal reversed Filemon Garcia Olmos’s continuous sexual abuse conviction because it overlapped with eight specific sexual offense convictions, corrected his presentence custody credits to 871 days, and otherwise affirmed the judgment.
The Third District Court of Appeal held that the prosecution’s oral pretrial dismissal of the felony count effectively amended the pleading to charge only a misdemeanor, so the People’s appeal belonged in the Butte County Superior Court appellate division rather than the Court of Appeal,
The Court of Appeal affirmed Hugo Rincon’s resentencing judgment, holding that removing the invalid prison-prior and firearm enhancements satisfied the lesser-sentence requirement and that his first-on-appeal request for Racial Justice Act discovery did not establish trial court error.
The Third District reversed an order restoring Adam Kendall’s custody credits, holding that High Desert State Prison’s practice of retrieving laboratory results after collecting tested evidence was reasonably diligent and did not deliberately delay his disciplinary proceedings.
The Third District affirmed Jorge Armando Zepeda’s convictions, holding that trial counsel was not ineffective for declining a diminished-actuality defense premised on delusions, and directed the trial court to correct the sentencing minutes and abstracts of judgment.
The Ninth Circuit held that AEDPA deference barred habeas relief because no Supreme Court case clearly prohibited the midtrial juror removal at issue.
A federal district court denied a state inmate’s Rule 59(e) motion for reconsideration of the dismissal of his 28 U.S.C. § 2254 parole petition, finding he had misread the earlier order and had shown no clear error, new evidence, or change in law.
The Third District Court of Appeal affirmed the juvenile court’s judgment, holding that Penal Code section 422.3, which created a new offense for threats at sensitive locations such as schools, does not apply retroactively under In re Estrada to reduce the punishment for N.Y.’s attempted
The Sixth District Court of Appeal affirmed a juvenile court’s order denying a minor’s post-disposition motion to reduce his felony firearm discharge conviction to a misdemeanor and seal his record, after conducting an independent review of the record and finding no arguable issues on ap
The Fifth District Court of Appeal affirmed Johnathan Pugh’s convictions for assault with a deadly weapon while confined, holding that any error in giving an expert-testimony jury instruction was forfeited and harmless, that a nurse was qualified to opine on inmate-manufactured weapon injuries
A federal district court adopted a magistrate judge’s findings and recommendations and dismissed a former state prisoner’s habeas petition without prejudice because he failed to pay the filing fee, seek in forma pauperis status, or otherwise respond to the court’s order.
United States v. Vargas: Knowing appeal waiver forecloses sentencing challenge.
The Court of Appeal reversed Keshon Derrick Wilson’s murder and attempted murder convictions because the trial court’s answer to a jury question permitted use of an objective provocation standard where the law required consideration of whether Wilson was actually provoked.