Habeas Corpus (State) Archives

Categories: Extraordinary Remedies, Habeas Corpus (State), Legislation, Limitations on, Retroactivity/Abatement, SB 136 Prior Prison Term, Sentencing

Summary

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

Opinion Date: 06/23/2021

Categories: Challenge to Judge, Extraordinary Remedies, Habeas Corpus (State), Pretrial Motions

Summary

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

Opinion Date: 01/28/2021

Categories: Cruel and Unusual Punishment, Extraordinary Remedies, Habeas Corpus (State), Parole, Probation / Parole / PRCS, Sentencing

Summary

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

Opinion Date: 11/30/2020

Categories: Evidence, Expert Witness, Extraordinary Remedies, Habeas Corpus (State), Ineff. Assist. Counsel (IAC), Right to Counsel

Summary

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

Opinion Date: 07/20/2020

Categories: Extraordinary Remedies, Habeas Corpus (State)

Summary

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

Opinion Date: 06/25/2020

Categories: Banks/Clark special circumstance, Evidence, Extraordinary Remedies, Habeas Corpus (State), Insufficiency/Sufficiency of, Sentencing

Summary

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

Opinion Date: 09/30/2019

Categories: Cruel and Unusual Punishment, CYA Commitment, Extraordinary Remedies, Habeas Corpus (State), Minor Found Unfit, Sentencing, Three Strike Priors

Summary

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

Opinion Date: 10/02/2019

Categories: Extraordinary Remedies, Habeas - Prop. 66, Habeas Corpus (State)

Summary

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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Name: In re Sagin

Case #: H044767

Opinion Date: 08/30/2019

Categories: Extraordinary Remedies, Habeas Corpus (State)

Summary

Newly available DNA evidence, which did not match the defendant and which was sufficient to have caused at least one juror to doubt defendant's guilt, requires reversal of 1986 conviction. In July 1985 a woman was found stabbed to death…

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Name: People v. Allison

Case #: A153527

Opinion Date: 09/05/2019

Categories: Extraordinary Remedies, Habeas Corpus (State), Not Guilty, Plea Bargaining, Pleas, Sentencing, Unlawful Sentence

Summary

Petitioner was not required to obtain certificate of probable cause (CPC) prior to filing a habeas petition in the superior court challenging his unlawful sentence. From 2000 to 2005, Allison pleaded no contest to multiple violent felonies in three different…

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