Habeas Corpus

Did True Finding on PC 12022.53, subd. (d) Enhancement Render People v. Chun (2009) 45 Cal.4th 1172 Error Harmless Beyond a Reasonable Doubt

The court issued an order to show cause why relief should not be granted on the ground that the jury's true finding on the Penal Code section 12022.53, subdivision (d) enhancement did not render the People v. Chun (2009) 45 Cal.4th 1172 error harmless beyond a reasonable doubt. The jury’s true finding on a firearm enhancement (Pen. Code, § 12022.53, subd. (d))…

Case: In re Ferrell (2023) 14 Cal.5th 593
Case Number: S265798
Updated: 20230406
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When Does AG Have Duty to Disclose Brady Material During Habeas Proceedings

When a habeas petitioner claims not to have received a fair trial because the district attorney failed to disclose material evidence in violation of Brady v. Maryland (1963) 373 U.S. 83--and when the Attorney General has knowledge of, or is in actual or constructive possession of, such evidence--what duty, if any, does the Attorney General have to acknowledge or disclose that evidence…

Case: In re Jenkins (2023) 14 Cal.5th 493
Case Number: S267391/B301638
Updated: 20230327
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Request to Answer Question of State Law–Habeas Deadlines

The California Supreme Court granted the Ninth Circuit's request for the court to decide a question of California law. The question presented, as phrased in the request, is: When a state habeas petitioner has no good cause for delay, at what point in time is that state prisoner's petition, filed in a California court of review to challenge a lower…

Case: Robinson v. Lewis (2020) 9 Cal.5th 883
Case Number: S228137
Updated: 20200720
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RJA: Must a petitioner allege a prima facie case before the trial court can consider a discovery request?

This case presents the following issue: Must a petitioner allege a prima facie case for relief under the Racial Justice Act (Pen. Code, § 745; RJA) before the trial court can consider a discovery request for disclosure of evidence under the RJA (id., subd. (d))? On November 25, 2025, the court directed the Attorney General to file supplemental briefing addressing…

Case: In re Montgomery (2024) 104 Cal.App.5th 1062, review granted 12/11/24 (S287339)
Case Number: S287339/D083970
Updated: 20251230
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Does issuing an OSC to correct part of a sentence render the sentence non-final for purposes of ameliorative laws?

Does the issuance of an order to show cause to review one aspect of a defendant's sentence in habeas corpus proceedings render applicable all ameliorative laws taking effect after the defendant's judgment became final? Held:  A grant of habeas corpus relief as to a portion of a sentence does not necessarily obligate the trial court to conduct a full resentencing…

Case: People v. Esquivias (2026) 20 Cal.5th __
Case Number: S286371 / B329800
Updated: 20260817
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