§Why CasetextPricing

BRIGGS v. BROWN

Amicus Curiae Brief of Los Angeles County Professional Peace Officers Association

61 Cited authorities

  1. Carey v. Saffold

    536 U.S. 214 (2002)   Cited 3,476 times
    Holding that a petitioner's claim is "pending" for the entire term of state court review, including those intervals between one state court's judgment and the filing of an appeal with a higher state court

  2. In re Clark

    5 Cal.4th 750 (Cal. 1993)   Cited 3,150 times   1 Legal Analyses
    Holding that "absent justification for the failure to present all known claims in a single, timely petition for writ of habeas corpus, successive and/or untimely petitions will be summarily denied"

  3. People v. Avila

    46 Cal.4th 680 (Cal. 2009)   Cited 1,354 times
    Holding evidence sufficient to establish intent where "defendant repeatedly attempted to stab . . . an unarmed and trapped victim, and succeeded in stabbing him in the arm and leg"

  4. People v. Manriquez

    37 Cal.4th 547 (Cal. 2005)   Cited 1,194 times
    Holding the trial court did not err in failing to instruct on voluntary manslaughter where the testimony at trial "contained no indication that defendant's actions reflected any sign of heat of passion at the time he commenced firing his handgun at the victim."

  5. Iskanian v. CSL Transportation Los Angeles, LLC

    59 Cal.4th 348 (Cal. 2014)   Cited 706 times   145 Legal Analyses
    Holding that arbitration provisions banning class-action litigation or collective arbitration of employment-related claims are enforceable under the NLRA and the FAA's saving clause, but also holding that arbitration provisions banning representative claims under California's Private Attorneys General Act violates that Act

  6. People v. Mickel

    2 Cal.5th 181 (Cal. 2016)   Cited 470 times
    Referring to Edwards /Johnson "severe mental illness" standard

  7. Johnson v. Department of Justice

    60 Cal.4th 871 (Cal. 2015)   Cited 372 times
    Holding mandatory sex offender registration for defendants convicted of nonforcible oral copulation by an adult over 21 years with a person under 16 years of age [§ 288a, subd. (b)(2)] does not violate the state or federal equal protection clauses, and overruling the rational basis test set forth in People v. Hofsheier 37 Cal.4th 1185

  8. 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

  9. Francois v. Goel

    35 Cal.4th 1094 (Cal. 2005)   Cited 384 times
    Holding a trial court's inherent authority, on its own motion, to reconsider prior rulings is "derived from the California Constitution"

  10. Tobe v. City of Santa Ana

    9 Cal.4th 1069 (Cal. 1995)   Cited 450 times
    Holding that the terms camping, living, and store are not "vague ... when the purpose clause of the ordinance is considered and the terms are read in that context as they should be."

  11. Section 1239 - Appeal in manner provided in rules; automatic appeal of judgment of death

    Cal. Pen. Code § 1239   Cited 1,046 times

    (a) Where an appeal lies on behalf of the defendant or the people, it may be taken by the defendant or his or her counsel, or by counsel for the people, in the manner provided in rules adopted by the Judicial Council. (b) When upon any plea a judgment of death is rendered, an appeal is automatically taken by the defendant without any action by him or her or his or her counsel. The defendant's trial counsel, whether retained by the defendant or court appointed, shall continue to represent the defendant

  12. Section 10

    Cal. Const. art. VI § 10   Cited 404 times
    Granting original jurisdiction to courts in habeas matters

  13. Section 3

    Cal. Const. art. III § 3   Cited 403 times
    Guaranteeing the separation of powers of the legislative and judicial branches

  14. Section 1509 - Collateral attack on judgment of death

    Cal. Pen. Code § 1509   Cited 211 times
    Providing that "[a]n initial petition which is untimely ... shall be dismissed unless the court finds, by the preponderance of all available evidence, whether or not admissible at trial, that the defendant is actually innocent of the crime of which he or she was convicted or is ineligible for the sentence "

  15. Section 1475 - Grant of writ of habeas corpus

    Cal. Pen. Code § 1475   Cited 46 times

    The writ of habeas corpus may be granted in the manner provided by law. If the writ has been granted by any court or a judge thereof and after the hearing thereof the prisoner has been remanded, he or she shall not be discharged from custody by the same or any other court of like general jurisdiction, or by a judge of the same or any other court of like general jurisdiction, unless upon some ground not existing in fact at the issuing of the prior writ. Should the prisoner desire to urge some point

  16. Section 3604 - Lethal gas or injection

    Cal. Pen. Code § 3604   Cited 45 times

    (a) The punishment of death shall be inflicted by the administration of a lethal gas or by an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death, by standards established under the direction of the Department of Corrections and Rehabilitation. (b) Persons sentenced to death prior to or after the operative date of this subdivision shall have the opportunity to elect to have the punishment imposed by lethal gas or lethal injection. This choice shall be

  17. Section 1509.1 - Appeal of decision regarding habeas corpus on judgement of death

    Cal. Pen. Code § 1509.1   Cited 22 times
    Requiring certificate of appealability before capital defendant may appeal a "successive petition"

  18. Section 190.6 - Expeditious imposition of sentence in capital cases

    Cal. Pen. Code § 190.6   Cited 16 times

    (a) The Legislature finds that the sentence in all capital cases should be imposed expeditiously. (b) Therefore, in all cases in which a sentence of death has been imposed on or after January 1, 1997, the opening appellate brief in the appeal to the State Supreme Court shall be filed no later than seven months after the certification of the record for completeness under subdivision (d) of Section 190.8 or receipt by the appellant's counsel of the completed record, whichever is later, except for good

  19. Section 68662 - Appointment of counsel for prisoners subject to capital sentence for postconviction proceedings

    Cal. Gov. Code § 68662   Cited 16 times

    The superior court that imposed the sentence shall offer to appoint counsel to represent a state prisoner subject to a capital sentence for purposes of state postconviction proceedings, and shall enter an order containing one of the following: (a) The appointment of one or more counsel to represent the prisoner in proceedings pursuant to Section 1509 of the Penal Code upon a finding that the person is indigent and has accepted the offer to appoint counsel or is unable to competently decide whether

  20. Section 3

    Cal. Const. art. II § 3   Cited 12 times

    The Legislature shall define residence and provide for registration and free elections. Cal. Const. art. II § 3

  21. Rule 8.385 - Proceedings after the petition is filed

    Cal. R. 8.385   Cited 55 times

    (a) Production of record Before ruling on the petition, the court may order the custodian of any relevant record to produce the record or a certified copy to be filed with the court. Sealed and confidential records are governed by rules 8.45-8.47. (Subd (a) amended effective January 1, 2014.) (b) Informal response (1) Before ruling on the petition, the court may request an informal written response from the respondent, the real party in interest, or an interested person. The court must send a copy