In Re Crow

Opinion

TOBRINER, J.

This case involves the application of the doctrine of res judicata to a final judgment of the superior court granting relief in habeas corpus. We shall explain why we have concluded that the judgment of the Superior Court of Sacramento County granting petitioner habeas corpus relief became a final judgment on the merits when the People failed to appeal under Penal Code section 1506. The merits of petitioner’s claim and the jurisdiction of the Sacramento court to grant relief in habeas corpus were fully and fairly litigated before that tribunal. We see no reason why the…