Legal Opinion

In Re Hogan

California Court of Appeal

Decided December 4, 1986No. A034885PublishedCited by 6 opinions

1Opinion of the Court

Opinion

SCOTT, J.

Petitioner and respondent Richard Hogan (petitioner) is a Canadian Indian incarcerated in San Quentin State Prison. In 1981, he was convicted of first, degree murder (Pen. Code, § 187) and sentenced to an indeterminate term of 25 years to life with a 1-year enhancement. He seeks to transfer to Canada to complete his sentence pursuant to the Treaty Between the United States of America and Canada on the Execution of Penal Sentences (Treaty). We find that petitioner is ineligible for transfer under the Treaty at this time because his sentence remains indeterminate.

I

Legal and…

2Cases cited12 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. Sumitomo Shoji America, Inc. v. AvaglianoSupreme Court of the United States · 1982
  3. United States v. BelmontSupreme Court of the United States · 1937
  4. Kolovrat v. OregonSupreme Court of the United States · 1961
  5. Bowland v. Municipal CourtCalifornia Supreme Court · 1976

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3Cited by6 opinions

  1. In Re BushCalifornia Court of Appeal · 2008
  2. In re ColemanCalifornia Court of Appeal · 2015
  3. San Diego Cnty. Health & Human Servs. Agency v. C.S. (In re A.S.), California Court of Appeal, 5th District2018
  4. Richard Hogan v. Ron Koenig, Chairman of Prison TermsCourt of Appeals for the Ninth Circuit · 1990
  5. Landstar Global Logistics, Inc. v. Robinson & Robinson, Inc.California Court of Appeal · 2013

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