Legal Opinion

People v. Blocker

California Court of Appeal

Decided November 23, 2010No. A126229PublishedCited by 6 opinions

1Opinion of the Court

Opinion

RICHMAN, J.

With certain exceptions, the Penal Code1 authorizes a convicted felon to apply for a “certificate of rehabilitation.” Carlos Ray Blocker would appear to be an ideal candidate for such a certificate except for one thing—he denies that there was any basis for convicting him in the first place. The decision whether to grant or deny such an application is entrusted to a trial court’s discretion. The question presented is whether that discretion is abused with the denial of an applicant who adamantly insists on his innocence. Our answer is no, the trial court did not abuse its…

2Cases cited43 opinions

  1. Brown v. WalkerSupreme Court of the United States · 1896
  2. Connecticut Board of Pardons v. DumschatSupreme Court of the United States · 1981
  3. People v. CarmonyCalifornia Supreme Court · 2004
  4. In Re RosenkrantzCalifornia Supreme Court · 2002
  5. United States v. WilsonSupreme Court of the United States · 1833

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3Cited by6 opinions

  1. People v. ZeiglerCalifornia Court of Appeal · 2012
  2. People v. Gilman CA4/2California Court of Appeal · 2015
  3. People v. Rodecker CA4/3California Court of Appeal · 2015
  4. People v. RoundsCalifornia Court of Appeal · 2024
  5. People v. ShepardCalifornia Court of Appeal · 2015

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