Legal Question in Criminal Law in California
Can you compel a trial judge in a motion to compel his/her affidavit regarding why he structured a jury instruction in a way that seems incorrect, in connection with a writ of habeas, ineffective assistance of counsel claim, where you also compel the counsel's affidavit? Can the same judge rule on a motion to compel him? Any pointers?
Asked on 8/06/10, 4:01 pm
3 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
No.
Answered on 8/11/10, 4:17 pm
Anthony Roach
Law Office of Anthony A. Roach
You are mixing up major areas of the law. Motions to compel are motions for the court to compel the other party to produce discovery. If a jury instruction is incorrect, you should appeal. Habeas petitions are for when you do not have an appeal, or have exhausted your appellate remedies.
If you want the court's reasoning for a decision, you have to ask for a statement of decision.
Answered on 8/11/10, 5:40 pm
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