Legal Question in Criminal Law in California

The Supreme Court has ruled (although when, I don't know) in at least one case on whether or not a defendant, who having been duly convicted, has the right to appeal (or possibly certiorari) that the conviction be overturned if in the time between conviction and appeal/certiorari, the Supreme Court has found the law to be unconstitutional. If it's of any help, in the decision I recall, the Supreme Court found two possible avenues of appeal that the defendant could have taken but didn't (instead of petitioning for certiorari) and, those avenues having been not pursued, dismissed those from its consideration. Do you know which case this is (or of related ones)?


Asked on 1/23/12, 8:58 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You gotta be kidding. There are hundreds of volumes of Supreme Court opinions in the law library. You could go to a law library, or try Google, or if the answer is valuable enough to you, hire somebody to do the research. Try ["retroactive effect" "supreme court" decision].

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Answered on 1/24/12, 1:17 am
Anthony Roach Law Office of Anthony A. Roach

Where the law under which a person is being prosecuted (Ex parte Westerfield, 55 Cal. 550; Matter of McGuire, 57 Cal. 604; Ex parte Gray, 11 Cal.App.125; In re McNeal, 32 Cal.App.2d 391) or under which he has been convicted (In re Kelso, 147 Cal. 609; Ex parte Hayden, 147 Cal. 649; Ex parte Bailey, 155 Cal. 472; In re Vitalie) even though the conviction be by a plea of guilty (In re Sidebotham, 12 Cal. 2d 434) is unconstitutional, there is no offense charged and no jurisdiction for any purpose and habeas corpus will lie to release the defenant from any custody or restraint resulting therefrom (In re Porterfield, 28 Cal. 2d 91).

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Answered on 1/25/12, 8:47 am


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