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Coverage since January 2, 2026

Litigation

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The People v. Fernando Valdez — Ambiguous murder instructions required reversal and remand for an order to show cause and evidentiary hearing

The Third District reversed the denial of Fernando Valdez’s resentencing petition because the jury instructions permitted a theory imputing malice based solely on his participation, and the trial court improperly relied on appellate factual findings and weighed evidence at the prima facie stag

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People v. Turman — Court of Appeal reverses gang-allegation true finding, affirms judgment otherwise, vacates sentence, and remands for resentencing after trial court failed to investigate juror-bias report and discharged holdout juror without demonstrable reality

The Court of Appeal reversed a gang-allegation true finding, affirmed the judgment in all other respects, vacated the sentence, and remanded for full resentencing because the trial court failed to investigate a deliberating juror’s report of bias and then discharged that juror without establis

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Jesus Manuel Rodriguez v. Andre Gonzalez, Acting Warden — Habeas Petition Dismissed Without Prejudice for Unpaid Filing Fee and Unexhausted Claim

A federal court dismissed a state prisoner’s habeas petition without prejudice because he failed to pay the $5 filing fee or seek in forma pauperis status and admitted that one of his four claims remained unexhausted in state court, while setting a December 21, 2026 deadline to cure both defec

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Abdul Haleen Salaam v. Christopher Livingston, Warden — Motion to Proceed In Forma Pauperis Denied and First Amended Habeas Petition Dismissed Without Prejudice for Failure to Exhaust State Remedies and State a Federal Claim

A federal court denied a state prisoner’s motion to proceed in forma pauperis without prejudice and dismissed his First Amended habeas petition without prejudice because he failed to pay or properly seek waiver of the filing fee, failed to allege exhaustion of state court remedies, and pleaded

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In re X.G., a Person Coming Under the Juvenile Court Law — Juvenile courts must consider whether compelling and extraordinary reasons justify reducing full restitution, including a minor’s individual responsibility

The Court of Appeal held that amended section 730.6 limits apportionment among adjudicated juvenile co-offenders but requires consideration of a reduced award for compelling and extraordinary reasons, and its October 26, 2026 order modified the opinion and denied rehearing without changing the judgm

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Garcia v. Garnica — Magistrate Judge Denies Motion to Appoint Counsel and Recommends Denial of Motion to Stay in Untimely Habeas Case

On September 29, 2026, I submitted findings and recommendations that the first amended petition be dismissed without leave to amend as untimely. With those recommendations pending, petitioner filed a motion to appoint counsel and a motion to stay. I will deny the motion to appoint counsel because th

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People v. Silveria, A171433 — Magistrate’s Legal Conclusion on Evidence Sufficiency Did Not Bar Recharging Robbery; Late Amendment to First Degree Robbery Was Proper

The Court of Appeal affirmed a first degree robbery conviction, holding that a magistrate’s legal conclusion about evidence sufficiency at a preliminary hearing did not preclude the prosecution from recharging the offense, and that elevating the robbery count from second to first degree during

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The People v. Juan Alejandro Ramirez — California appellate court affirms 180-year sentence, rejecting challenges to CSAAS expert testimony, jury instructions, and sentencing discretion

California’s Third District Court of Appeal affirmed Juan Alejandro Ramirez’s convictions and 180-year sentence, holding that CSAAS expert testimony was properly admitted, CALCRIM No. 1193 correctly instructed the jury, and the trial court did not abuse its discretion by imposing upper-t

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