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California Court of Appeal: Peremptory Challenge to Judge in Habeas Case Subject to 10-Day Filing Period, Not 60 Days, Under § 170.6(a)(1)

Loaded on Feb. 15, 2022 by Dale Chappell published in Criminal Legal News March, 2022, page 32
Filed under: Habeas Corpus, Different Judge, Tolling of Statutes of Limitations and Laches. Location: California.

by Dale Chappell 

Deciding a question of first impression, the Court of Appeal of California, Fourth Appellate District, held that an order to show cause by the California Supreme Court in a habeas corpus case, returnable to the superior court, requires that a motion to disqualify the judge …

 

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More from this issue:

  1. Acquitted Conduct Sentencing, by Douglas Ankney
  2. Mental Health Response Teams Proved Effective in New York City, by Casey Bastian
  3. ‘Planning for Losing’: A Lesson on Justice Reform from Afghanistan, by Marc Levin
  4. Texas Court of Criminal Appeals: Defendant Satisfied Requirements of Confession and Avoidance, ‘Unintentional Self-Defense’ Jury Instruction Allowed Against Charge of Intentional Offense, by Douglas Ankney
  5. Fourth Circuit: State’s Failure to Plead Procedural Default Results in De Novo Review on Merits; Prosecutor’s Comments to Jury to Send ‘Societal Message’ Denied Defendant Fair Trial, Habeas Relief Warranted, by Dale Chappell
  6. Mental Illness and False Confessions: A Wakeup Call to Investigators, by Joseph Buckley
  7. Georgia Supreme Court Declares ‘Relevance’ Not Legal Standard for Suppression Determination Where Items Seized Outside Scope of Warrant, Clarifies Plain View Doctrine Proper Standard, and Overrules McBee, Walsh Line of Cases, by Anthony Accurso
  8. Michigan Supreme Court Announces 2011 SORA May Not Be Retroactively Applied to Registrants Whose Offenses Predated Its Enactment Because Doing So Violates Prohibition on Ex Post Facto Laws, by Douglas Ankney
  9. California Now Able to Decertify Bad Cops, by Edward Lyon
  10. Texas Court of Criminal Appeals: Trial Court Abused Discretion by Refusing to Allow Withdrawal of Jury-Trial Waiver for Defendant Who Ultimately Rejected Plea Deal, by David Reutter
  11. Texas Court of Criminal Appeals: Although Subsequent Indictment Recites Same Language as Original Indictment, SOL Isn’t Tolled Where Subsequent Indictment Fails to Charge Same Conduct, Act, or Transaction, by Douglas Ankney
  12. Idaho Supreme Court Rejects ‘Instinctive Entry Rule’ as Not Implicating Fourth Amendment Where Drug-Sniffing Dog Breaches Interior of Vehicle During Exterior Search and Suppresses Evidence, by Douglas Ankney
  13. SCOTUS Announces Pursuit of a Misdemeanant Does Not Categorically Constitute an Exigent Circumstance Authorizing a Warrantless Home Entry, by Douglas Ankney
  14. Pennsylvania Supreme Court Announces New Framework for Enforcing Right to Effective Counsel in Post-Conviction Relief Act Proceeding, by Douglas Ankney
  15. Connecticut Supreme Court Overrules Aquino, Holding Appeal Not Moot Where Defendant Deported During Pendency but Unclear Whether Appealed Conviction Sole Basis for Deportation, by Douglas Ankney
  16. California Court of Appeal: Peremptory Challenge to Judge in Habeas Case Subject to 10-Day Filing Period, Not 60 Days, Under § 170.6(a)(1), by Dale Chappell
  17. Nevada Supreme Court: Prisoner’s Claim He Is Now Actually Innocent of Death Penalty Sufficient to Overcome Proce-dural Bars to Habeas Relief, by Douglas Ankney
  18. SCOTUS: Rehaif Error Doesn’t Automatically Require Reversal of Conviction, Plain-Error Test Must Be Satisfied for Re-lief, by Dale Chappell
  19. Oregon Supreme Court Announces Abandonment of Per Se Exigency Rule in Automobile Exception and Holds Warrantless Seizure or Search Must Be Based on Actual Exigent Circumstances, by Jacob Barrett
  20. Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis, by Douglas Ankney
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  22. Concealed Videos Expose Pattern of Abuse by Louisiana State Police, by Jayson Hawkins
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  29. Non-Prosecution Policies Seem to Work in Baltimore, by Jayson Hawkins
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  32. Big Tech Using Third Parties to Sell Surveillance Tools to ICE and Border Patrol, by Anthony Accurso
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  35. News in Brief

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