§Why CasetextPricing

PEOPLE v. S.C. (MORALES)

Real Party in Interest, Johnny Morales, Petition for Review

31 Cited authorities

  1. People v. Hofsheier

    37 Cal.4th 1185 (Cal. 2006)   Cited 663 times   1 Legal Analyses
    Finding an equal protection violation as to a defendant convicted of oral copulation with a 16 year old

  2. People v. Johnson

    3 Cal.4th 1183 (Cal. 1992)   Cited 730 times
    Holding the court properly declined to inquire into whether some jurors were coercing the dissenting juror

  3. In re Reno

    55 Cal.4th 428 (Cal. 2012)   Cited 381 times
    Approving of abbreviated state court habeas exhaustion petition procedure and finding it did not conflict with United States Supreme Court limitation of federal habeas review to the record before the state court which adjudicated the claim on the merits in Cullen v. Pinholster, 563 U.S. 170

  4. People v. Gonzalez

    51 Cal.3d 1179 (Cal. 1990)   Cited 727 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

  5. In re Steele

    32 Cal.4th 682 (Cal. 2004)   Cited 341 times
    Holding that motions for post-conviction discovery should generally be brought in the trial court that rendered the judgment

  6. People v. Picklesimer

    48 Cal.4th 330 (Cal. 2010)   Cited 265 times
    Holding that claims under Hofsheier by defendants no longer in custody must be brought by a petition for writ of mandate

  7. Townsel v. Superior Court

    20 Cal.4th 1084 (Cal. 1999)   Cited 207 times
    Recognizing the trial court has broad discretion to balance in a particular case the " 'strong public policies protect[ing] discharged jurors from improperly intrusive conduct in all cases' " and "the equally weighty public policy that criminal defendants are entitled to jury verdicts untainted by prejudicial juror misconduct"

  8. Cal. Correc. Peace Officers v. State Personnel Bd.

    10 Cal.4th 1133 (Cal. 1995)   Cited 225 times
    Holding time limits of Government Code section 18671.1 are directory, and noting "[t]hey may be enforced by petition for writ of mandate to compel the Board" to act

  9. People v. Superior Court (Humberto S.)

    43 Cal.4th 737 (Cal. 2008)   Cited 110 times
    Noting that "[p]arental conflicts of interest may in some instances disqualify parents from" acting as guardians ad litem

  10. People v. Alanis

    158 Cal.App.4th 1467 (Cal. Ct. App. 2008)   Cited 89 times
    Stating that proper procedure where party appeals from judgment where trial court lacked jurisdiction to enter judgment is to "reverse the void judgment rather than dismiss the appeal"

  11. Rule 8.1115 - Citation of opinions

    Cal. R. 8.1115   Cited 73,834 times

    (a) Unpublished opinion Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action. (b)Exceptions An unpublished opinion may be cited or relied on: (1) When the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or (2) When the opinion is relevant to a criminal or disciplinary

  12. Rule 8.1105 - Publication of appellate opinions

    Cal. R. 8.1105   Cited 2,086 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

  13. Rule 8.500 - Petition for review

    Cal. R. 8.500   Cited 337 times

    (a)Right to file a petition, answer, or reply (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer

  14. Rule 8.1120 - Requesting publication of unpublished opinions

    Cal. R. 8.1120   Cited 139 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

  15. Rule 8.504 - Form and contents of petition, answer, and reply

    Cal. R. 8.504   Cited 21 times

    (a)In general Except as provided in this rule, a petition for review, answer, and reply must comply with the relevant provisions of rule 8.204. (Subd (a) amended effective January 1, 2007.) (b) Contents of a petition (1) The body of the petition must begin with a concise, nonargumentative statement of the issues presented for review, framing them in terms of the facts of the case but without unnecessary detail. (2) The petition must explain how the case presents a ground for review under rule 8.500(b)