Legal Opinion
In Re Bittaker
California Court of Appeal
Decided June 12, 1997No. A076514PublishedCited by 38 opinions
1Opinion of the Court
Opinion
STRANKMAN, P. J.
We hold that an inmate who has been declared a vexatious litigant retains the right to file a petition for writ of habeas corpus unencumbered by vexatious litigant procedures which apply to the filing of a civil action or proceeding.
Background
In 1979, Lawrence S. Bittaker (petitioner) kidnapped five teenage girls, raped four of them, tortured at least one, and murdered all five. A jury found him guilty of 26 felony counts and found 38 special circumstances. The trial court pronounced a judgment of death, and the California Supreme Court unanimously affirmed the…
2Cases cited19 opinions
- McCleskey v. ZantSupreme Court of the United States · 1991
- In Re ClarkCalifornia Supreme Court · 1993
- Harris v. Capital Growth Investors XIVCalifornia Supreme Court · 1991
- California Teachers Ass'n v. Governing Board of Rialto Unified School DistrictCalifornia Supreme Court · 1997
- People v. DuvallCalifornia Supreme Court · 1995
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3Cited by38 opinions
- In re RenoCalifornia Supreme Court · 2012
- McAllister v. California Coastal CommissionCalifornia Court of Appeal · 2008
- Bravo v. IsmajCalifornia Court of Appeal · 2002
- Thompson v. IoaneCalifornia Court of Appeal · 2017
- People v. BrewerCalifornia Court of Appeal · 2015
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