Legal Opinion
Durdines v. Superior Court
California Court of Appeal
Decided November 16, 1999No. E024120PublishedCited by 8 opinions
1Opinion of the Court
Opinion
McKINSTER, Acting P. J.
When a defendant seeks to invalidate his conviction by claiming that his trial attorney failed to preserve an allegedly crucial objection, does the superior court have the power to order the trial attorney to explain his action or inaction, either in person or by declaration, before the issuance of the writ of habeas corpus? No. Accordingly, we grant the petition.
Defendant William Craig Davis was convicted of first degree murder in 1995. On October 30, 1998, he filed a petition for writ of habeas corpus based on the allegedly ineffective assistance rendered by…
2Cases cited11 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- People v. PopeCalifornia Supreme Court · 1979
- People v. GonzalezCalifornia Supreme Court · 1990
- People v. DuvallCalifornia Supreme Court · 1995
- In Re AlvernazCalifornia Supreme Court · 1992
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3Cited by8 opinions
- BOARD OF PRISON TERMS v. Superior CourtCalifornia Court of Appeal · 2005
- Solin v. O' Melveny & Myers, LLP.California Court of Appeal · 2001
- Alexander v. PeopleSupreme Court of The Virgin Islands · 2016
- People v. DraytonCalifornia Court of Appeal · 2020
- People v. SifuentesCalifornia Court of Appeal · 2022
3 more not listed; retrieve them via the Exa API.