Legal Opinion
In re Jenkins
California Court of Appeal
Decided March 25, 1999No. B128381PublishedCited by 1 opinion
1Opinion of the Court
Opinion
HASTINGS, J.
J.Petitioner, Eddie James Jenkins, seeks a writ of habeas corpus on the ground that he was denied effective assistance of counsel because his trial attdmey failed to review the case file and discover that a Code of Civil Procedure section 170.6 peremptory challenge had previously been filed against the trial judge who ultimately tried the case. Because we conclude that the judgment is void, we grant the petition and direct the trial court to conduct a new trial.
*1164Facts
Petitioner was charged with second degree commercial-burglary (Pen. Code, § 459) and receiving stolen…
2Cases cited8 opinions
- People v. HullCalifornia Supreme Court · 1991
- McCartney v. Commission on Judicial QualificationsCalifornia Supreme Court · 1974
- Spruance v. Commission on Judicial QualificationsCalifornia Supreme Court · 1975
- People v. Abdul Y.California Court of Appeal · 1982
- People v. Christian J.California Court of Appeal · 1984
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3Cited by1 opinion
- Christie v. City of El CentroCalifornia Court of Appeal · 2006