72 Cited authorities

  1. Felker v. Turpin

    518 U.S. 651 (1996)   Cited 3,112 times   4 Legal Analyses
    Holding that the Antiterrorism and Effective Death Penalty Act's "restrictions . . . on second habeas petitions are well within the compass of [habeas's] evolutionary process, and . . . do not amount to a 'suspension' of the writ"
  2. In re Robbins

    18 Cal.4th 770 (Cal. 1998)   Cited 2,963 times
    Holding that a habeas claim "that is substantially delayed" will not be considered unless "the petitioner can demonstrate 'good cause' for the delay."
  3. In re Clark

    5 Cal.4th 750 (Cal. 1993)   Cited 3,145 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"
  4. People v. Duvall

    9 Cal.4th 464 (Cal. 1995)   Cited 2,665 times
    Holding that a petition for writ of habeas corpus must include copies of reasonably available evidence
  5. Murray v. Giarratano

    492 U.S. 1 (1989)   Cited 676 times   6 Legal Analyses
    Holding that Pennsylvania v. Finley, 481 U.S. 551, 555-57, 107 S.Ct. 1990, 1993-94, 95 L.Ed.2d 539 applied to death penalty cases
  6. People v. Jennings

    50 Cal.4th 616 (Cal. 2010)   Cited 1,079 times   2 Legal Analyses
    Finding trial court not required to give sua sponte instruction on "complete defense" of accident that would negate the intent element necessary for first degree murder convictions where defense hinged on facts particular to the case and the defendant failed to request the instruction
  7. People v. Manriquez

    37 Cal.4th 547 (Cal. 2005)   Cited 1,188 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."
  8. People v. Giordano

    42 Cal.4th 644 (Cal. 2007)   Cited 893 times   1 Legal Analyses
    Holding that a surviving spouse may receive lost economic support as restitution despite the fact that such recovery is not specifically enumerated
  9. Cooley v. Superior Court

    29 Cal.4th 228 (Cal. 2002)   Cited 653 times
    Adopting the same standard of appellate review of the trial court's probable cause determination
  10. Johnson v. Department of Justice

    60 Cal.4th 871 (Cal. 2015)   Cited 370 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
  11. Section 2255 - Federal custody; remedies on motion attacking sentence

    28 U.S.C. § 2255   Cited 129,369 times   129 Legal Analyses
    Adopting one-year limitations period for §2255 motions
  12. Section 2241 - Power to grant writ

    28 U.S.C. § 2241   Cited 80,438 times   55 Legal Analyses
    Granting courts authority to determine whether detention is "in violation of the . . . laws . . . of the United States"
  13. Section 2244 - Finality of determination

    28 U.S.C. § 2244   Cited 65,307 times   166 Legal Analyses
    Holding that § 2255 incorporates § 2244(b) as part of the certification procedures of § 2244 and instructing that "the district court must dismiss the motion that we have allowed the applicant to file, without reaching the merits of the motion, if the court finds that the movant has not satisfied the requirements for the filing of such a motion."
  14. Rule 22 - Habeas Corpus and Section 2255 Proceedings

    Fed. R. App. P. 22   Cited 23,472 times   8 Legal Analyses
    Explaining that an application for habeas relief requires that "a circuit justice or a circuit or district judge issue[] a certificate of appealability" before an appeal is taken
  15. Section 28

    Cal. Const. art. I § 28   Cited 2,121 times
    Granting crime victims the right "[t]o reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present"
  16. Section 10

    Cal. Const. art. VI § 10   Cited 404 times
    Granting original jurisdiction to courts in habeas matters
  17. Section 11

    Cal. Const. art. VI § 11   Cited 304 times
    Authorizing the taking of such evidence
  18. Section 1

    Cal. Const. art. IV § 1   Cited 176 times
    Reserving to the people of California “the powers of initiative and referendum”
  19. Section 11

    Cal. Const. art. I § 11   Cited 148 times
    Limiting state government's power to suspend writ of habeas corpus
  20. 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