No, unless the judge worked on your case as a prosecutor, that theory won't work. Also, in California state court, an order denying a habeas...

What is the next course of action for the petitioner?

It sounds like the petitioner's next course of action is to wait for In re Lopez to be decided and then, if it's appropriate in light of the Lopez...

You don't say what county your friend's case is in, but if it's Riverside County, I can't imagine why you'd think a public defender wouldn't know...

I disagree with the Court of Appeal on an order on a motion in my case, can I bring it as a writ to the Supreme Court?

The answer to your first question is yes. An order of the Court of Appeal can be challenged by a writ petition to the Supreme Court. The answer...

Yes. An amicus curiae brief can be filed in any appeal in the California Court of Appeal, civil or criminal. (Cal. Rules of Court, rules...

I recommend reviewing the applicable rules on agreed and settled statements. (Cal. Rules of Court, rule 8.134 [agreed statements]; Cal. Rules of...

The maximum sentence for that crime (Veh. Code, § 2800.2) is three years in state prison.

California 2nd District of Appeals Responses?

You asked how one can "serve something you haven't filed yet." Everything filed in an appeal has to be served first, and the court requires a...

Is State Supreme Court decision final?

If a federal issue was involved in the dismissal, the plaintiff could ask the United States Supreme Court to hear the case. Otherwise, it sounds...

In a civil case, an appellant's reply brief in the Court of Appeal has a limit of 14,000 words, the same as an appellant's opening brief or...