Legal Question in Criminal Law in California
Can I file a motion for reconsideration under 8.57 from the appellate order denying Habeas Corpus in the appellate court?
Is California Code of Civil Procedure �1008 applicable to appellate decision too?
Asked on 8/06/13, 2:21 am
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
1. No. But you may be able to petition for rehearing under CRC 8.387(d) & (e). That option is not available in most habeas petitions, but it may be in yours if the court issued an order to show cause and/or published its opinion. There may be other reasons why you would be allowed to bring such a petition. Assuming you can bring one, it must be filed within 15 days after the decision is handed down, or one of the other triggering events listed in CRC 8.268(b)(1).
2. No.
Answered on 8/06/13, 12:40 pm
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