Habeas Corpus (State)

Name: Garcia v. Superior Court (2023) 92 Cal.App.5th 47
Case #: E080436
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/30/2023
Subsequent History: Modified 6/7/2023
  • Categories: Challenge to Judge, Extraordinary Remedies, Habeas Corpus (State), Jails

For purposes of Code of Civil Procedure section 170.6, governing the timeliness of a peremptory challenge to a superior court judge, a habeas proceeding can be a continuation of a criminal action where the issues raised are related to the criminal…

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Name: People v. Ruiz (2023) 89 Cal.App.5th 324
Case #: B312062/B317270
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 03/15/2023
  • Categories: Extraordinary Remedies, Habeas Corpus (State), Ineff. Assist. Counsel (IAC), Right to Counsel

Defendant received ineffective assistance of counsel at his resentencing hearing where counsel completely failed to act as an advocate as a result of cognitive issues caused by a brain tumor. In 2018, CDCR sent a recall letter to the trial…

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Name: In re Rodriguez
Case #: D078421
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/22/2021
  • Categories: Extraordinary Remedies, Habeas Corpus (State), Legislation, Limitations on, Retroactivity/Abatement, SB 136 Prior Prison Term, Sentencing

Ameliorative amendments to Penal Code section 667.5 are not retroactive to final judgments even where the defendant is sentenced on a new offense that results in an aggregate sentence that includes the prior judgment. Defendant was sentenced in Case A…

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Name: Mendoza v. Superior Court
Case #: D078566
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/23/2021
  • Categories: Challenge to Judge, Extraordinary Remedies, Habeas Corpus (State), Pretrial Motions

In a habeas proceeding where no "new trial" is ordered, a peremptory challenge to the judge is subject to the 10-day deadline under Code of Civil Procedure section 170.6, subdivision (a)(2). Petitioner Mendoza filed a petition for writ of habeas…

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Name: In re Palmer
Case #: S256149
Court: CA Supreme Court
District CalSup
Opinion Date: 01/28/2021
  • Categories: Cruel and Unusual Punishment, Extraordinary Remedies, Habeas Corpus (State), Parole, Probation / Parole / PRCS, Sentencing

Opinion By: Justice Cuéllar (joined by Chief Justice Cantil-Sakauye and Justices Corrigan, Kruger, Groban, and Grover (Court of Appeal Justice). Justice Liu filed a concurring opinion. The Court of Appeal erred in terminating petitioner's period of parole supervision solely based…

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Name: In re Long
Case #: S249274
Court: CA Supreme Court
District CalSup
Opinion Date: 11/30/2020
  • Categories: Evidence, Expert Witness, Extraordinary Remedies, Habeas Corpus (State), Ineff. Assist. Counsel (IAC), Right to Counsel

Opinion By: Justice Liu (unanimous decision) Trial counsel provided ineffective assistance by failing to consult a time of death expert where the timeline was crucial to the defense theory of the case. In 2005, petitioner Long was convicted of the…

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Name: Robinson v. Lewis
Case #: S228137
Court: CA Supreme Court
District CalSup
Opinion Date: 07/20/2020
  • Categories: Extraordinary Remedies, Habeas Corpus (State)

Opinion By: Justice Groban (unanimous decision) In response to a question from the Ninth Circuit regarding timeliness of state habeas petitions, the California Supreme Court determined that, if a habeas petitioner had otherwise presented a claim without substantial delay, a…

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Name: In re Scoggins
Case #: S253155
Court: CA Supreme Court
District CalSup
Opinion Date: 06/25/2020
  • Categories: Banks/Clark special circumstance, Evidence, Extraordinary Remedies, Habeas Corpus (State), Insufficiency/Sufficiency of, Sentencing

Opinion By: Justice Liu (unanimous decision) Insufficient evidence supported robbery-murder special-circumstance finding where defendant (who planned an unarmed assault and robbery) did not act with reckless indifference to human life during a robbery that resulted in a death. In 2007…

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Name: In re Bolton
Case #: C088774
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/30/2019
  • Categories: Cruel and Unusual Punishment, CYA Commitment, Extraordinary Remedies, Habeas Corpus (State), Minor Found Unfit, Sentencing, Three Strike Priors

Petitioner's 91-year sentence for juvenile offenses violates the Eighth Amendment and the issue was not moot because he is not eligible for a youth offender parole hearing. Bolton received a 91-year sentence for crimes committed when he was 16. When…

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Name: Jimenez v. Superior Court (People)
Case #: B297595
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 10/02/2019
  • Categories: Extraordinary Remedies, Habeas - Prop. 66, Habeas Corpus (State)

A discovery order in habeas proceedings following an order to show cause may exceed the scope of the criminal discovery scheme, but qualified attorney work-product protection applies to discovery beyond that scope. In his petition for writ of habeas corpus,…

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