Legal Opinion

In re Douglas

California Court of Appeal

Decided October 27, 2011No. E052040PublishedCited by 22 opinions

1Opinion of the Court

*240Opinion

HOLLENHORST, Acting P. J.

The People appeal the grant of petition for writ of habeas corpus of Roger Lynn Douglas (Defendant) pursuant to Penal Code1 section 1506. The People contend the trial court erred as a matter of law in granting the writ because the petition was untimely, barred by laches, and Defendant was not in actual or constructive custody on the challenged conviction. We agree and reverse.

I. INTRODUCTION

On December 18, 1997, Defendant accepted a plea agreement. He pled no contest to one count of misdemeanor sexual battery. (§ 243.4, former subd. (d)(1).) Section 290,…

2Cases cited27 opinions

  1. McCleskey v. ZantSupreme Court of the United States · 1991
  2. Maleng v. CookSupreme Court of the United States · 1989
  3. Lackawanna County District Attorney v. CossSupreme Court of the United States · 2001
  4. In Re ClarkCalifornia Supreme Court · 1993
  5. Daniels v. United StatesSupreme Court of the United States · 2001

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3Cited by22 opinions

  1. Perez, Ex Parte Alberto GironCourt of Criminal Appeals of Texas · 2013
  2. Jones v. StateCourt of Appeals of Maryland · 2015
  3. Sabisch v. MoyerCourt of Appeals of Maryland · 2019
  4. In re MoralesCalifornia Court of Appeal · 2013
  5. In re AndresCalifornia Court of Appeal · 2016

17 more not listed; retrieve them via the Exa API.

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