California Habeas Corpus Law

<h2> <center> United States of America v. Wong Kim Ark </h2> </center>

The Chinese Exclusion Acts denied citizenship to Chinese immigrants. Moreover, by treaty no Chinese subject in the United States could become a naturalized citizen. Wong Kim Ark was born in San Francisco to parents who were both Chinese citizens who resided in the United States at the time. At age 21, he returned to China to visit his parents who had previously resided in the United States for 20 ... More...

$ (12-31-1898 - CA)

State of California v. Robert David Cabada

Riverside, California criminal defense lawyer represented the Defendant charged with In October 2007, a jury convicted defendant of aggravated kidnapping (Â§ 209, subd. (b)(1); count 1), forced oral copulation (Â§ 288a, subd. (c)(2); count 2), and criminal threats (Â§ 422; count 3). The jury found defendant used a deadly or dangerous weapon in the commission of counts 1 and 2. (Â§... More...

$0 (03-07-2025 - CA)

the People of the State of California v. Carl Lapra Pradia, Jr.

Stockton, California criminal defense lawyer represented the Dfendant charged with first degree robbery (Â§ 211) and dissuading a witness by force or threat (Â§ 136.1, subd. (c)(1)). n 2013, defendant pleaded guilty to first degree robbery (Â§ 211) and dissuading a witness by force or threat (Â§ 136.1, subd. (c)(1)). He admitted a firearm use enhancement in connection with the ro... More...

$0 (02-11-2025 - CA)

Anders v. California

Counsel, appointed by a California appellate court on petitioner's motion to prosecute the appeal of his felony conviction, concluded after studying the record and consulting with petitioner that there was no merit to the appeal, and so advised the court. He also advised it that petitioner wished to file a brief in his behalf. Petitioner's request for another attorney was denied. He then filed a b... More...

$0 (05-14-1967 - CA)

Joel Alcox v. Jeffrey Beard

It is hereby adjudged that the petition for a writ of habeas corpus is granted. Respondent shall release petitioner from custody and all collateral consequences resulting from his 1987 murder conviction unless the State of California provides petitioner with a new trial within sixty (60) days from the date of entry of judgment. Alcox v. Beard (C.D. Cal. 2016)... More...

$0 (02-12-2016 - CA)

Joel Alcox v. Jams Hartley, Warden, Avenal State Prison

Joel Alcox appeals the district court's dismissal of his habeas petition as untimely under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). 28 U.S.C. Â§ 2244(d)(1). We have jurisdiction pursuant to Â§ 2253(a). Because Alcox was never afforded an evidentiary hearing as to whether he exercised diligence, and because the district court mistakenly evaluated the wrong time perio... More...

$0 (12-27-2010 - CA)

Joel Alcox, a/k/a Joel Albert Alcox v. James Hartley, Warden

On May 8, 1987, in Santa Barbara Superior Court case no. SM50213, a jury convicted petitioner Joel Alcox, aka Joel Albert Alcox, of one count of first degree murder in violation of California Penal Code ("P.C") Â§ 187 (count 1), one count of robbery in violation of P.C. Â§ 211 (count 2), and one count of first degree burglary in violation of P.C. Â§ 459 (count 3), and the jury found it t... More...

$0 (04-23-2009 - CA)

In re Joel Alcox, On Habeas Corpus. The People v. Joel Alcox

This case serves as a textbook example of a court impermissibly "second-guessing" criminal defense counsel's tactical decisions in derogation of United States and California Supreme Court precedent. We reverse and conclude, on the merits, that Joel Alcox (defendant) received the effective assistance of counsel at his murder trial almost 20 years ago. Â Â Â Â Â Â Â Â T... More...

$0 (03-10-2006 - CA)

The People of the State of California v. Joel Alcox

Santa Barbara, California criminal defense lawyer represented Defendant charged with murder, Robbery, burglary and unlawful entry. On the evening of February 16, 1986, 49-year-old Thakorbhai Patel, the owner of the Lompoc Motel in Lompoc, California, was shot three times and killed in the motel lobby after walking in on two men who were burglarizing the motel's untended cash register. ... More...

$0 (05-08-1987 - CA)

The People v. Mario Salvador Padilla

Los Angeles, California criminal defense lawyer represented defendant charged with first degree murder. In 2016, the voters of California enacted Proposition 57, a measure that amended the law governing the punishment of juvenile offenses in adult criminal court by requiring hearings to determine whether the offenses should instead be heard in juvenile court. Adjudicating these offen... More...

$0 (04-26-2022 - CA)

United States of America v. Jeffrey Olsen

<center><h2> Pasadena, California - Criminal defense lawyer represented defendant with an illegally prescribing opioids charge. </h2></center> The panel (1) amended its opinion filed April 23, 2021, reversing the district court's judgment dismissing with prejudice an indictment charging Jeffrey Olsen on 34 counts related to the unlawful dis... More...

$0 (01-15-2022 - CA)

United States of America v. Tony Junior Jackson

<center><h2> San Francisco - Criminal defense lawyer represented defendant with one count of conspiracy to engage in sex trafficking by force, fraud, and coercion charge. </h2></center> Jackson pleaded guilty to one count of conspiracy to engage in sex trafficking by force, fraud, and coercion in November 2015, pursuant to a written plea agr... More...

$0 (01-14-2022 - CA)

United States of America v.Jeffrey Olsen

<center><h2> San Francisco - Criminal defense lawyer represented defendant with an illegally prescribing opioids charge. </h2></center> The panel (1) amended its opinion filed April 23, 2021, reversing the district court's judgment dismissing with prejudice an indictment charging Jeffrey Olsen on 34 counts related to the unlawful distributio... More...

$0 (01-14-2022 - CA)

United States of America v. Tony Buck

<center><h2> SAN FRANCISCO, CA - Criminal defense lawyer represented defendant with an assaulting a mail carrier with intent to steal mail charge. </h2></center> The question in this case is whether assaulting a mail carrier with intent to steal mail, while placing the mail carrier's life in jeopardy by the use of a dangerous weapon, se... More...

$0 (01-14-2022 - CA)

CLIFFORD B. HUBBARD v. United States of America

<center><h2><center> San Francisco, CA - Criminal defense lawyer represented Petitioner-Appellant with premeditated murder; felony murder; sodomy; and the commission of indecent, lewd, and lascivious acts with a child under the age of sixteen, charges. He no4w seeks post-conviction DNA testing. </h2></center> Hubbard was charged with premeditated murder;... More...

$0 (10-03-2021 - CA)

United States of America v. JASON LESLIE JULIANO

<center><h2><center> San Francisco - Criminal defense lawyer represented defendant with being a felon in possession of a firearm and ammunition (Count 1), and for possession with intent to distribute fifty grams or more of actual (pure) methamphetamine (Count 2) charges. He now files a motion to vacate, set aside, or correct his sentence. </h2></center> <... More...

$0 (10-02-2021 - CA)

In re Ural King on Habeas Corpus

In 2016, Proposition 57 amended the California Constitution to allow early parole consideration for persons “convicted of a nonviolent felony.” (Prop. 57, § 32, subd. (a)(1); Cal. Const., art. I, § 32, subd. (a)(1) (section 32(a)(1)).) Proposition 57 expressly authorized the California Department of Corrections and Rehabilitation (CDCR) to promulgate regulations to implement ... More...

$0 (09-21-2020 - CA)

People for the Ethical Operation of Prosecutors and Law Enforcement v. Todd Spitzer, as District Attorney, etc.

This appeal is from a dismissal following a sustained demurrer in plaintiffs’ taxpayer suit against the Orange County District Attorney and the Orange County Sheriff. The complaint seeks injunctive relief to prohibit the operation of an alleged unlawful confidential informant program (CI program). The trial court ruled that plaintiffs, who are residents and taxpayers of Orange Co... More...

$0 (08-13-2020 - CA)

Julius M. Robinson v. G.W. Lewis, as Warden, etc.

Someone who wishes to challenge a state judgment of conviction by filing a petition for a writ of habeas corpus in state court must present each claim in a timely fashion. Generally, under California law, there are no fixed, determinate deadlines.1 Whether a claim has been timely presented is assessed based on an indeterminate reasonableness standard. Here, Julius Robi... More...

$0 (07-24-2020 - CA)

<h1> Dyjuan Bullock v. The Superior Court of Contra Costa County, The People</h1>

On March 13, 2020, as the COVID-19 pandemic took hold in California, respondent Superior Court of Contra Costa County (Superior Court) announced it would be closed to the public between March 16 and April 1 and ceased conducting most, but not all, proceedings. Petitioner Dyjuan Bullock (Petitioner) contends his custodial preliminary hearing should have occurred during the March... More...

$0 (06-25-2020 - CA)

In re Lionel A. Scott on Habeas Corpus

In 1984, petitioner Lionel Scott pleaded guilty to third degree assault in Minnesota (Minn. Stat. Ann. § 609.223, subd. (1) ["assault[] . . . inflict[ing] substantial bodily harm"]), and admitted during his plea colloquy that he personally and intentionally pressed a warm or hot iron against his victim's face, inflicting a discernible burn mark that required medical treatment and ... More...

$0 (06-08-2020 - CA)

Aleksandr Kon v. City of Los Angeles

The general issue is whether you can sue police in civil court for excessive force after you have been convicted in criminal court. Specifically, after interacting with an officer, a man was convicted of an infraction: disturbing the peace. Notwithstanding this conviction, can this man then sue the officer civilly for using excessive force during the episode? Yes, because t... More...

$0 (06-04-2020 - CA)

In re Andrew Dave Shelton on Habeas Corpus

<center><h1> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a>VOIP Phone and Virtual Receptionist Services Call 918-582-6422 Today </h1></center> In 1993, Shelton was sentenced to a prison term of 19 years to life after pleading no con... More...

$0 (04-16-2020 - CA)

East Bay Sanctuary Covenant, et al. v. Donald J. Trump, et al.

Forty years ago, Congress recognized that refugees fleeing imminent persecution do not have the luxury of choosing their escape route into the United States. It mandated equity in its treatment of all refugees, however they arrived.1 This principle is embedded in the Refugee Act of 1980, which established an asylum procedure available to any migrant, “irrespective of such alien’s status,�... More...

$0 (02-29-2020 - CA)

Ramon Bojorquez Salcido v. The Superior Court of San Mateo County, the People, Real Party in Interest

Proposition 66, the Death Penalty Reform and Savings Act of 2016, made substantial changes to the procedures governing petitions for writs of habeas corpus in capital cases. Among these changes was ending the practice of capital defendants initiating habeas proceedings in the Supreme Court, and instead having the “court which imposed the sentence” decide the petitions in th... More...

$0 (02-05-2020 - CA)

K.J., a Minor, etc. v. Los Angeles Unified School District, Luis A. Carrillo Objector and Appellant

This case presents a narrow question of procedural law: Does a Court of Appeal have jurisdiction to review an order directing an attorney to pay sanctions when the notice of appeal identifies the attorney’s client as the appealing party, but other indicia make clear that the attorney was the party seeking review? The Court of Appeal dismissed the appeal, concluding that t... More...

$0 (02-02-2020 - CA)

In re: Kevin Howerton

Respondent Kevin Howerton sought and was granted a writ of habeas corpus ordering his immediate release from prison and granting credits against his mandated parole term. The grounds for relief turned on the trial court’s interpretation of Penal Code section 3051.1 The People filed the present appeal, contending the trial court wrongly found section 3051 applicable because H... More...

$0 (02-01-2020 - CA)

D.W., The Superior Court of Los Angeles County, The People, Real Party in Interest

Petitioner D.W. was found unfit for juvenile treatment based on the allegation that, at age 17, he committed second degree murder in violation of Penal Code section 187, subdivision (a), under the natural and probable consequences theory of liability. After the Respondent juvenile court transferred D.W.’s case to adult court, our Legislature eliminated liability for murder un... More...

$0 (12-12-2019 - CA)

In re William Milton, on Habeas Corpus

In 1999 a California jury convicted William Milton of second degree robbery. In a bifurcated proceeding, Milton admitted he had two prior felony convictions in Illinois. The court ruled the out-of-state convictions qualified as serious felonies for purposes of the three strikes law (Pen. Code, §§ 667, subds. (b)-(j), 1170.12). 1 Milton appealed, this court affirmed, and<b... More...

$0 (12-06-2019 - CA)

In re Kaheal Jevon Parrish

This habeas corpus petition requires us to assay culpability for a 2004 murder. The felony murder doctrine can saddle a person with a murder conviction even when that person was not the main killer. Here, for instance, Kahael Jevon Parrish was one of three who, in 2004, went to rob a market. Parrish had no gun, but both his partners did. One fired a deadly shot into a custo... More...

$0 (12-02-2019 - CA)

In re Eugene Jones

Eugene Jones has filed a petition for writ of habeas corpus challenging the denial of his superior court petition to recall his sentence and resentence him pursuant to Penal Code section 1170, subdivision (d)(2) (section 1170(d)(2)).1 Jones is serving a sentence of life in prison without the possibility of parole (LWOP) for a 1994 murder and other offenses he committed when he was ... More...

$0 (11-24-2019 - CA)

Manuel Bracamontes v. The Superior Court of San Diego County, The People, Real Party in Interest

Petitioner Manuel Bracamontes was sentenced to death in 2005 for the kidnapping and murder of nine-year-old Laura Arroyo. His automatic appeal is currently pending in the California Supreme Court. (People v. Bracamontes (S139702, app. pending).) In anticipation of a future petition for writ of habeas corpus, Bracamontes filed a motion in the San Diego County Superior Court to prese... More...

$0 (11-17-2019 - CA)

Christopher Gardner v. Appellate Division of the Superior Court of San Bernardino County, The People, Real Party in Interest

In this case, the California Supreme Court has already held that, when the People appeal from a suppression order in a misdemeanor case, the defendant, if indigent, has a right to appointed counsel. It remanded to us to determine whether the Public Defender’s1 appointment for purposes of trial continues for purposes of the appeal, or whether, on the other hand, the appellate divi... More...

$0 (11-13-2019 - CA)

Samuel Zamudio Jimenez v. The Superior Court of Los Angeles County, The People, Real Party in Interest

Petitioner Samuel Zamudio Jimenez, a death-row inmate, seeks a writ of mandate to vacate the superior court’s discovery order in this habeas corpus proceeding. In his petition for a writ of habeas corpus, petitioner claimed the jury at his capital trial impermissibly considered the opinion of at least one alternate juror in deciding his guilt. The Supreme Court issued an ... More...

$0 (10-03-2019 - CA)

Arprubertito P. Bontilao v. The Superior Court of Santa Clara County, Board of Parole Hearings, Real Party in Interest

In this case we consider the timeliness of a motion to disqualify a judge pursuant to Code of Civil Procedure section 170.61 filed in connection with a petition for a writ of habeas corpus. Petitioner Arprubertito Bontilao brought a petition for a writ of habeas corpus in the superior court challenging a decision by the Board of Parole Hearings (the Board) denying him parole. P... More...

$0 (09-08-2019 - CA)

In re Christopher Rigsby

<center><a href="https://www.morelaw.com/add/attorney/" target="_new"><img width="600" src="https://www.morelaw.com/images/banners/subscription.gif" target="_new"></a></center> Christopher Rigsby is presently serving a life sentence for murder. In 2015, prison officials found him guilty of possessing contraband, which resulted in a 30- day loss of inmate privileges and early release cr... More...

$0 (08-23-2019 - CA)

William Tupua Satele v. The Superior Court of Los Angeles County, The People, Real Party in Interest

Petitioner, William Tupua Satele, asked the superior court to release ballistics evidence for expert testing in preparation for filing a habeas corpus petition. The court denied the request under the authority of Penal Code section 1054.9, which governs discovery in habeas corpus proceedings involving certain judgments, including a sentence of death. Specifically, the court ... More...

$0 (07-22-2019 - CA)

Jeremy Swanson, Individually and as Successor In Interest v. County of Riverside, Melody Anderson-Martin, Individually and as Successor In Interest, etc., v. County of Riverside

Brandon M. was taken to Riverside County Medical Center by the Corona Police Department for an involuntary hold, pursuant to Welfare and Institutions Code1 section 5150. He was released before 72 hours had elapsed, and he returned home, where he bludgeoned three people to death with a baseball bat. Surviving family members, who are successors in interest or heirs, (collectively Res... More...

$0 (06-18-2019 - CA)

United Grand Corporation v. Malibu Hillbillies, LLC, Cyrus Sanai, Objector and Appellant

This is the fifth and presumably final appeal in a lawsuit which began in August 2014 as a garden variety commercial rent dispute. In brief, Malibu Hillbillies LLC did not pay rent to its landlord, appellant United Grand Corporation. United Grand filed a civil action to recover the overdue rent from Malibu Hillbillies and its guarantor, respondent Marcie Stollof. Although a... More...

$0 (06-14-2019 - CA)

In re Anthony Maurice Cook, Jr., on Habeas Corpus

In People v. Franklin (2016) 63 Cal.4th 261 (Franklin), the defendant committed a murder at age 16, was tried as an adult and given a sentence of 50 years to life. He challenged the sentence as a violation of the Eighth Amendment ban on cruel and unusual punishment. While his appeal was pending, the Legislature enacted Penal Code1 sections 3051 and 4801 to provide a par... More...

$0 (06-05-2019 - CA)