How did this case reach the California Supreme Court or United States Supreme Court? California Supreme Court (accepts about 100 cases for review each year)
- Automatic Appeal – all death sentenced cases
- Petitions for Review – from a judgement of the Court of Appeal – every convicted offender has, as a matter of law, the right appeal his/her conviction to his/her proper court of appeal. If conviction affirmed, may appeal to the California Supreme Court
- Petitions for a writ of “prohibition” or “mandamus”
- Writ of Habeas Corpus – a petition for the custodian (sheriff – county jail; warden or head of prison system – prison) to “produce the body” – bring the prisoner before a judge – & to justify the continuing incarceration of the petitioner (prisoner) – can be filed at any level of court but encouraged to file at the trial court – superior court.
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How did this case reach the California Supreme Court or United States Supreme Court?
United States Supreme Court (accepts fewer than 100 cases for review each year)
- Automatic Appeal – all death sentenced cases affirmed by state supreme courts
- Writ of Certiorari – “Rule of Four” – normally filed from a judgement of the United States Court of Appeals or from a state supreme court – the most popular way of appealing cases to the Court – only takes 4 justices to accept a case for
- Petition for a writ of “mandamus”
- Writ of Habeas Corpus – e.g. from a denial of habeas corpus by a Court of Appeals.