Legal Opinion
In Re White
California Court of Appeal
Decided September 1, 2004No. C045684, C046271, C046677PublishedCited by 19 opinions
1Opinion of the Court
Opinion
THE COURT. *
In these proceedings, we must decide what an appellate court can and should do when confronted by a petition for writ of habeas corpus that is frivolous because “it indisputably has no merit,” i.e., “when any reasonable attorney would agree that the [petition] is totally and completely without merit.” (In re Marriage of Flaherty (1982) 31 Cal.3d 637, 650 [183 Cal.Rptr. 508, 646 P.2d 179].)
The numerous petitions for writs of habeas corpus filed by inmates incarcerated for criminal convictions are a staple of the workload of an appellate court. Each petition receives careful…
2Cases cited31 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Lockyer v. AndradeSupreme Court of the United States · 2003
- McCleskey v. ZantSupreme Court of the United States · 1991
26 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Porter v. OllisonCourt of Appeals for the Ninth Circuit · 2010
- In re RenoCalifornia Supreme Court · 2012
- Jolley v. Chase Home Finance, LLCCalifornia Court of Appeal · 2013
- Huschke v. SlaterCalifornia Court of Appeal · 2008
- In Re KovenCalifornia Court of Appeal · 2005
14 more not listed; retrieve them via the Exa API.