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Name: In re Ramirez
Case #: B144665
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 06/15/2001
Subsequent History: Modif. on den. rehg. without chg in jmt on 7/2/01; Rev. den. and request to depubl. den. on 9/26/01

Appellant petitioned the appellate court for a writ of habeas corpus relieving him of any further probationary supervision in a misdemeanor case. He contended that due to court unification, a habeas petition is properly filed in the appellate court because since there is only one court, the superior court, it would be impermissible for one superior court judge to overrule the decision of another. The appellate court denied the petition without prejudice to its being refiled in the superior court. Although appellate jurisdiction to review decisions of the superior court is vested only in the appellate courts,…

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Name: People v. Shoup
Case #: C033134
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/24/2001
Subsequent History: None

The Court of Appeal lacks jurisdiction to hear an action which at all times was a prosecution for misdemeanors only. Misdemeanor convictions had been appealed along with a felony probation revocation proceeding which was premised on the same conduct and the arguments raised in the briefs applied to criminal trials and not necessarily to probation revocation proceedings. The court ordered the dismissal of the appeal of the misdemeanor convictions and the filing of new briefs in the appeal following the probation violation which should include arguments appropriate only to such…

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Name: Humphrey v. Superior Court
Case #: B149998
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 08/22/2001
Subsequent History: Rev. granted 11/28/01

Editor’s note: Review granted on this case. California Rules of Court, rule 62 does not authorize the transfer from the appellate division of the superior court to the Court of Appeal, cases which are not on appeal, that is, cases arising from the appellate division’s original jurisdiction. Penal Code section 1471 and Code of Civil Procedure section 911 limit the transfer of cases to those which are within the appellate division’s appellate jurisdiction. For the same reason, only cases within the appellate division’s appellate jurisdiction may be ordered…

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