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Holding Prosecutors Accountable for Using Erroneous Legal Citations Bearing “All the Markings” of AI Hallucinations 

Kjoller v. Superior Court of Nevada County

In August 2025, Civil Rights Corps filed a habeas corpus petition on behalf of Mr. Kyle Kjoller, challenging his unlawful detention. The Nevada County District Attorney’s Office’s response cited nonexistent case citations, claimed an irrelevant provision of the California Constitution authorized the detention, and included other inaccurate legal citations.

Investigation revealed that these erroneous legal citations were not an isolated event: the same DA’s Office also included serious citation errors in three other cases as well.

After the Court of Appeal ordered the District Attorney’s Office to show cause why it should not be sanctioned, the DA’s Office admitted in February 2026 that the erroneous legal citations bore “all the markings” of AI hallucinations. Civil Rights Corps’ reply brief asked for a referee to be appointed to investigate the source and extent of AI hallucinations in the DA’s filings and the conduct of the District Attorney’s Office.

In August 2026, the Court of Appeal announced its intention to appoint a referee to take evidence and make factual findings regarding sanctions.


Media & Background Information:

Prosecutor Used Flawed A.I. to Try to Keep a Man in Jail, His Lawyers Say | The New York Times | Nov 25, 2025
Northern California courts grapple with AI-generated errors: 1 prosecutor removed | Sacramento Bee | Apr 1, 2026
AI & Sloppy Justice: A Conversation w/ Civil Rights Corps Senior Attorney Carson White | Apr 16, 2026


Filings:

Reply in Support of Motion for Sanctions (Mar 20, 2026)
Defendant Response to Order to Show Cause (Feb 27, 2026)
Petition for Review to the California Supreme Court (Oct 30, 2025)
California Public Defenders Association Amicus Letter (Dec 1, 2025)
Professors, Scientists, & Scholars Amicus Letter (Nov 21, 2025)