Title
Title
Rules and Forms: Criminal and Appellate Procedure: Appeals from Superior Court Decisions in Death Penalty-Related Habeas Corpus Proceedings (Action Required)
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Summary
Summary
The Proposition 66 Rules Working Group recommends amendments to an existing rule of court relating to appeals from decisions in habeas corpus proceedings and the adoption of several new rules of court and a form addressing appeals from superior court decisions on death penalty-related habeas corpus petitions. These proposed rules and the form are intended to partially fulfill the Judicial Council's rule-making obligations under Proposition 66 by establishing procedures for this new type of appeal. This proposal is submitted concurrently with a separate report to the Judicial Council containing the working group's proposal for rules governing procedures for death penalty-related habeas corpus proceedings in the superior courts.
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Recommendation
Recommendation
The Proposition 66 Rules Working Group recommends that the Judicial Council, effective April 25, 2019:
1. Adopt rule 8.390 to provide that the rules in article 2 apply only to appeals from superior court decisions in death penalty-related habeas corpus proceedings, and to specify what existing appellate rules also apply to these appeals;
2. Adopt rule 8.391 to establish qualifications of counsel eligible for appointment and to require the designation of an assisting counsel or entity;
3. Adopt rule 8.392 to establish procedures for filing these appeals, including for:
a. Signing, serving, and filing a notice of appeal;
b. Requesting, responding to, and granting or denying a certificate of appealability; and
c. Notification of the filing of a notice of appeal by a superior court clerk;
4. Adopt rule 8.393 to implement the 30-day time limit for filing a notice of appeal set forth in Penal Code section 1509.1(a);
5. Adopt rule 8.394 to provide that a petitioner may apply for a stay of execution pending appeal,...
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