Opinion
S195973
04-10-2019
BIVERT (KENNETH RAY) ON H.C.
Order: (dispositive)
This petition for a writ of habeas corpus filed on behalf of a capital inmate was pending in this court on October 25, 2017. Pursuant to Penal Code section 1509, subdivision (g), the petition is transferred to the Superior Court of California, County of Monterey.
Pending further order of the court, this court retains jurisdiction over all matters concerning the appointment of counsel for petitioner and the payment of appointed counsel's fees and expenses. The following practices will apply to requests that this court (a) pay attorney fees for counsel appointed by this court or (b) reimburse necessary and reasonable expenses related to the habeas corpus proceeding. Such requests will be governed by the Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants in the California Supreme Court, Guidelines II.I and III. Counsel must first obtain the superior court's recommendation for payment.
However, the superior court's recommendation is not binding on the Supreme Court, which will exercise independent review of the request.