Constitutional Cases
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Constitutional

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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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Smothers v. Bonta — Ninth Circuit vacates improperly issued certificate of appealability and dismisses Double Jeopardy habeas appeal for lack of jurisdiction

The Ninth Circuit vacated a certificate of appealability because its certified question presented no constitutional issue and could provide no effectual relief, declined to expand it to the Double Jeopardy claim, and dismissed the appeal for lack of jurisdiction.

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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. Garcia — Affirmance of Convictions for Conspiracy, Kidnapping, Sexual Penetration, Torture, and Dissuading a Witness; Correction of Abstract of Judgment Ordered

The Court of Appeal affirmed Sandra Garcia’s convictions for conspiracy to commit kidnapping, sexual penetration by force, kidnapping a child under 14, torture, and dissuading a witness, rejecting her claims of Sixth Amendment violations, instructional error, insufficient evidence, and an exce

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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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