The Third District reversed Christopher John Smith’s stipulated three-year upper-term sentence and remanded so he may waive or invoke the amended section 1170(b) requirements under People v. Mitchell II.
The Fifth District vacated Tony Vasquez’s prior-strike finding because the record did not establish his 2002 gang-related conviction under current law, and it also vacated expired restitution fines and unauthorized crime-laboratory and drug-program fees.
The Third District affirmed the order denying David DePonte’s murder resentencing petition under Penal Code section 1172.6, finding his Brady and youth-related contentions not cognizable on this appeal and his Franklin, Romero, and statutory resentencing requests unavailable on eligibility, ju
The Fifth District affirmed a 225-years-to-life sentence, holding the trial court did not abuse its discretion in excluding a defendant who physically attacked his counsel from the bifurcated prior-conviction trial, and that counsel’s closing concessions did not violate McCoy because the defen
A federal district court adopted a magistrate judge’s recommendation and conditionally granted habeas relief because trial counsel’s failure to investigate a possible alternate shooter was prejudicial, ordering release unless the State elects to retry the petitioner.
A federal district court adopted a magistrate judge’s unopposed recommendations in full and dismissed a federal prisoner’s § 2241 petition challenging his conviction without prejudice for lack of jurisdiction, also declining a certificate of appealability.
A magistrate judge recommended summarily dismissing a former federal prisoner’s § 2241 petition because he did not qualify for the § 2255(e) escape hatch, having previously had an unobstructed procedural opportunity to raise his claims.
The Ninth Circuit affirmed Romero’s convictions for RICO conspiracy and drug conspiracy, holding that the district court did not abuse its discretion in admitting Agent Call’s expert testimony on MS-13 structure and activities, and did not plainly err in attributing co-conspirator Melgar
The Ninth Circuit denied a Nigerian citizen’s petition for review of a BIA order dismissing her appeal from an IJ’s denial of withholding of removal and CAT protection, holding it had jurisdiction over legal questions but not factual corroboration challenges, and that the wire fraud cons
California’s Second District Court of Appeal affirmed Daniel Peter Masterson’s two forcible rape convictions and consecutive 15-years-to-life sentences, holding that the multiple-victim alternate penalty scheme permitted prosecution at any time and rejecting his evidentiary, discovery, religious-fre
The Court of Appeal affirmed a 96-years-to-life sentence for numerous sexual offenses, holding that the omitted juvenile dependency records and other impeachment evidence did not create a reasonable probability of a different outcome, without deciding whether trial counsel’s performance was de
The Court of Appeal affirmed the judgment after independently reviewing the record and finding no arguable issues in Deshon Dubose’s appeal from the judgment imposing his previously suspended five-year sentence.
The Court of Appeal affirmed the denial of Daniel Michael Pina’s murder-resentencing petition, holding that substantial evidence supported the finding that he personally stabbed Frank Ramirez with the specific intent to kill.
The Fifth District affirmed a 145-years-to-life sentence, holding that trial counsel’s failure to object to a midtrial amendment adding seven sex-offense counts did not constitute ineffective assistance because the charges were supported by preliminary-hearing evidence and did not prejudice th
The Third District affirmed an order striking Charles Dell Riel’s prior-prison-term enhancement but refusing to revisit his death sentence, following published decisions that treat habeas corpus as the exclusive procedure for that collateral attack.
The Fifth District granted leave to file a belated appeal on or before 60 days from the order and directed the superior court clerk by writ of mandate to treat a notice received by that deadline as timely and prepare the record.
The Fifth District Court of Appeal affirmed James Jeffrey Hoff’s two-year prison sentence after independently reviewing the record and finding no reasonably arguable factual or legal issues in his appeal from probation revocation and sentencing.
A California appellate court affirmed the judgment of conviction and remanded solely to correct the sentencing minute order and abstract of judgment to reflect the waiver of fines and fees, including the $400 parole revocation fine.
The Court of Appeal vacated gang enhancement findings because the 2008 jury was not instructed on elements later added by AB 333, remanded for the trial court to assess harmlessness, and affirmed the remaining sentencing rulings.
California’s Second District Court of Appeal, Division Six, affirmed Gene Matthews III’s commitment as an offender with a mental health disorder, holding that expert testimony and the surrounding record supplied substantial evidence of both the offense connection and future dangerousness.
The Court of Appeal affirmed the denial of Tyler Taintergallon’s suppression motion, finding his initial detention supported by reasonable suspicion and the satchel search lawful incident to arrest, and declined to consider his mental health diversion challenge because he lacked a certificate
The Court of Appeal affirmed Higginbotham’s murder conviction with special circumstances, holding that gang evidence was properly admitted to show motive, the prosecution exercised due diligence in securing an unavailable witness, and rebuttal Snapchat evidence contradicting the brother-as-sho
The Court of Appeal reversed the superior court’s prima facie denial of Taito’s resentencing petition and remanded with directions to issue an order to show cause and hold an evidentiary hearing, because neither the felony-murder special-circumstance finding nor the weapon-use finding co
The First District affirmed a dispositional order committing Jayden J. to a secure youth treatment facility, holding that any error about his age-based STRTP eligibility was forfeited and that substantial evidence supported the juvenile court’s rejection of less restrictive placements.