49 Cited authorities

  1. People v. Osband

    13 Cal.4th 622 (Cal. 1996)   Cited 2,462 times   2 Legal Analyses
    Holding error was harmless beyond a reasonable doubt because defendant received more than he was entitled to when the jury was instructed on the "specific intent" to commit the underlying felony of rape
  2. People v. Hofsheier

    37 Cal.4th 1185 (Cal. 2006)   Cited 650 times   1 Legal Analyses
    Finding an equal protection violation as to a defendant convicted of oral copulation with a 16 year old
  3. People v. Seaton

    26 Cal.4th 598 (Cal. 2001)   Cited 671 times
    Holding that when defense counsel failed to object to testimony and "the record does not reveal why counsel did not object, [an ineffective assistance of counsel] claim rests on facts outside of the record, and may only be raised on habeas corpus"
  4. Varian Medical Systems, Inc. v. Delfino

    35 Cal.4th 180 (Cal. 2005)   Cited 548 times   2 Legal Analyses
    Holding that "a proceeding affects the effectiveness of the appeal if the very purpose of the appeal is to avoid the need for that proceeding"
  5. People v. Johnson

    3 Cal.4th 1183 (Cal. 1992)   Cited 673 times
    Holding that when the witness's trial testimony was, at most, somewhat ambiguous but not necessarily inconsistent with her prior statement, the prior statement was not admissible as a prior inconsistent statement under Evid. Code, § 1235
  6. People v. Gonzalez

    51 Cal.3d 1179 (Cal. 1990)   Cited 693 times
    Holding that the “bare filing” of a petition for writ of habeas corpus does not trigger a right to discovery because a habeas corpus petition that fails to state a prima facie case for relief creates no cause or proceeding that would confer discovery jurisdiction
  7. Christeson v. Roper

    574 U.S. 373 (2015)   Cited 80 times   3 Legal Analyses
    Holding that such tolling may be available for "serious instances of attorney misconduct"
  8. In re Steele

    32 Cal.4th 682 (Cal. 2004)   Cited 308 times
    Holding that motions for post-conviction discovery should generally be brought in the trial court that rendered the judgment
  9. People v. Picklesimer

    48 Cal.4th 330 (Cal. 2010)   Cited 232 times
    Holding that claims under Hofsheier by defendants no longer in custody must be brought by a petition for writ of mandate
  10. Walker v. Superior Court

    53 Cal.3d 257 (Cal. 1991)   Cited 300 times
    In Walker v. Superior Court, supra, 53 Cal.3d at page 267, 279 Cal.Rptr. 576, 807 P.2d 418, we noted that while section 128 sets out some of the courts' inherent powers, those powers are derived from the California Constitution (art.
  11. Rule 8.1105 - Publication of appellate opinions

    Cal. R. 8.1105   Cited 1,616 times

    (a)Supreme Court All opinions of the Supreme Court are published in the Official Reports. (b)Courts of Appeal and appellate divisions Except as provided in (e), an opinion of a Court of Appeal or a superior court appellate division is published in the Official Reports if a majority of the rendering court certifies the opinion for publication before the decision is final in that court. (Subd (b) amended effective July 23, 2008; adopted effective April 1, 2007.) (c)Standards for certification An opinion

  12. Rule 8.1120 - Requesting publication of unpublished opinions

    Cal. R. 8.1120   Cited 91 times

    (a) Request (1) Any person may request that an unpublished opinion be ordered published. (2) The request must be made by a letter to the court that rendered the opinion, concisely stating the person's interest and the reason why the opinion meets a standard for publication. (3) The request must be delivered to the rendering court within 20 days after the opinion is filed. (4) The request must be served on all parties. (b) Action by rendering court (1) If the rendering court does not or cannot grant