Criminal Cases
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Criminal

CaliforniaConstitutionalCriminal
U.S. District Court — Southern District of California
Uncategorized

Abdi v. California — S.D. Cal. Dismisses Habeas Petition Challenging Vehicle Code Conviction Because Driver’s License Suspension Is Not ‘In Custody’

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The court dismissed a federal habeas petition challenging a California Vehicle Code infraction for lack of jurisdiction, ruling that a 30-day driver’s license suspension is a collateral consequence of conviction that does not satisfy 28 U.S.C. § 2254’s requirement that the petitioner be

CaliforniaConstitutionalCriminal
U.S. District Court — Southern District of California
Uncategorized

Baez-Diaz v. United States — S.D. Cal. Denies §2255 Motion Despite Counsel’s Sentencing-Guideline Miscalculation

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After holding an evidentiary hearing, the court denied a federal prisoner’s motion to vacate his sentence for ineffective assistance of counsel, ruling that even though his lawyer miscalculated the sentencing guidelines before trial, the petitioner could not show prejudice because he had alrea

CaliforniaConstitutionalCriminal
U.S. District Court — Central District of California
Uncategorized

Davis v. Smith — C.D. Cal. Denies Habeas Petition, Discovery, and Evidentiary Hearing After Magistrate Judge’s Recommendation

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Judge Sherilyn Peace Garnett accepted a magistrate’s recommendation denying a § 2254 habeas petition, denying additional discovery under Bracy v. Gramley because the petitioner already possessed the only evidence he sought, and denying an evidentiary hearing because the alleged facts would not

CaliforniaCivil ProcedureConstitutionalCriminal
U.S. District Court — Central District of California
Uncategorized

Crossley v. Diaz Garcia — C.D. Cal. Issues OSC on Venue Transfer of Section 1983 Suit Over Kern Valley Prison Incident

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Magistrate Judge Daniel S. Roberts ordered a pro se prisoner plaintiff to show cause why his § 1983 suit over a Kern Valley State Prison incident should not be transferred to the Eastern District of California, where the prison and all defendants are located.

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