Constitutional Cases
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Constitutional

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People v. Rhodes — Resentencing Court Could Keep Serious-Felony Enhancements and Reimpose Upper Term Under Penal Code Section 1172.75

The Court of Appeal affirmed a resentencing order that struck prison priors but kept two five-year serious-felony enhancements and reimposed an upper term, holding the trial court reasonably found dismissal would endanger public safety and that section 1172.75(d)(4) permits reimposing a previously i

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Misael Amador Cruz v. D. Marin et al. — Federal court orders immigration officials to provide a bond hearing within 14 days for a detainee held over six months

A federal district court granted in part a habeas petition from an immigration detainee held since December 2025, ordering the government to provide a Rodriguez bond hearing within 14 days where the government must prove by clear and convincing evidence that continued detention is justified.

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Sunliang Chen v. James Janecka — Visa Overstay Detainee Without Prior Conditional Release Lacks Heightened Liberty Interest Requiring Pre-Detention Hearing

A California federal magistrate judge denied a habeas petition brought by a B-2 visa overstay detainee, finding that his five-week-old derivative asylum application did not create the kind of conditional liberty interest that would entitle him to a pre-detention hearing.

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Xiaodong Ma v. Warden of Adelanto ICE Processing Center, Andre Quinones, David Venturella, Todd Blanche, and Markwayne Mullin — Detention without a pre-deprivation hearing violated procedural due process and required immediate release

The Central District of California granted Xiaodong Ma’s habeas petition, holding that ICE detained him without the pre-deprivation hearing required by procedural due process and ordering his immediate release.

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In re N.S. — School Liaison Officers May Search Students on Reasonable Suspicion, and Refusing to Comply Can Support a Section 148 Finding

The Fourth District Court of Appeal affirmed a juvenile court’s finding that a middle school student violated Penal Code section 148(a)(1) by refusing a campus weapons search, holding that school liaison officers need only reasonable suspicion to search students, and modified its opinion on re

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The People v. Demondre L. Williams — Court Denies Rehearing, Modifies Opinion Without Changing Judgment, and Affirms Denial of Racial Justice Act Motion

The Fourth Appellate District denied rehearing and modified its opinion affirming the denial of a California Racial Justice Act motion, holding that a juror’s comment about overcoming childhood racism, a prosecutor’s limited ministerial appearances, and a single broad sentencing statisti

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