Title
Title
Rules and Forms: Criminal Procedure: Superior Court Procedures for Death Penalty-Related Habeas Corpus Proceedings (Action Required)
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Summary
Summary
The Proposition 66 Rules Working Group recommends the adoption of seven new rules of court to govern the filing, hearing, and adjudication of death penalty-related habeas corpus petitions in the superior courts. These proposed rules are intended to partially fulfill the Judicial Council's rule-making obligations under Proposition 66.
The working group is concurrently submitting a separate report and recommendation to amend an existing rule and adopt new rules and a form related to the appeals from superior court decisions in death penalty-related habeas corpus proceedings.
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Recommendation
Recommendation
The Proposition 66 Rules Working Group recommends that the Judicial Council, effective April 25, 2019:
1. Adopt rule 4.571 to establish procedures related to the filing of death penalty-related habeas corpus petitions in the superior courts, including by:
a. Establishing the filing, service, and formatting requirements for the petition and related papers;
b. Establishing requirements for the supporting documents that accompany the petition;
c. Requiring the clerk of the superior court to file a petition submitted by an attorney notwithstanding noncompliance with the rule, and allowing the court to notify the attorney that the court may strike the petition or impose a lesser sanction if the petition is not brought into compliance within a reasonable time; and
d. Establishing a deadline for the superior court to take action following the filing of a petition in, or transfer of a petition to, the court;
2. Adopt rule 4.572 to provide a deadline for a superior court to transfer a death penalty-related petition to the superior court that imposed the sentence unless the court finds good cause to consider the petition;
3. Adopt rule 4.573 to establish procedures related to the fi...
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