In a conviction of defendant for second-degree murder, defendant’s petition for habeas relief is issued and allow a notice of appeal in the limited case of criminal actions where: 1) there is no legal basis upon which to recall the September 2007 remittitur, and it would create the peculiar result of having three appeals from the same judgment; and 2) a deputy clerk assigned to a courtroom is part of the clerk’s office, and thus, absent a valid local rule of court to the contrary, a notice of appeal can be filed with a courtroom clerk, not just with the appeals unit of the clerk’s office.
People v. Gray, No. C056083 [HTML]
Read People v. Gray, No. C056083 [PDF]
Appellate Information
Filed December 2, 2009
Judges
Opinion by Judge Scotland
CounselFor Appellant: Scott Concklin
For Appellee: Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Julie A. Hokans and Catherine Chatman, Deputy Attorneys General
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