Legal Opinion
People v. Hatten
California Supreme Court
Decided February 24, 1966No. Crim. No. 9159PublishedCited by 11 opinions
1Opinion of the CourtPeters, J.
Defendant seeks relief from his default in failing to file a notice of appeal in a criminal case within the 10-day period specified in rule 31(a) of the California Rules of Court. That rule provides for relief from default in a proper case.1
The power conferred by the rule is to be liberally exercised to avoid, if possible, the loss of the right to appeal. It is now settled law that where the defendant, during the 10-day period, requests his attorney to appeal and the attorney promises but fails to do so, or where there is such a request but no promise, or where there is such a promise but no…
2Cases cited10 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Douglas v. CaliforniaSupreme Court of the United States · 1963
- United States v. RobinsonSupreme Court of the United States · 1960
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Alhino v. StarrCalifornia Court of Appeal · 1980
- People v. AcostaCalifornia Supreme Court · 1969
- People v. CamarilloCalifornia Supreme Court · 1967
- People v. HalesCalifornia Court of Appeal · 1966
- People v. SerranoCalifornia Court of Appeal · 1973
6 more not listed; retrieve them via the Exa API.