Opinion
S285257
09-11-2024
AGUERO (HECTOR) ON H.C.
H051316 Sixth Appellate District.
Petition For Review Granted; Transferred To Court of Appeal, Sixth Appellate District, With Directions To Issue An Order To Show Cause
The petition for review is granted. The matter is transferred to the Court of Appeal, Sixth Appellate District, with directions for it to vacate its May 24, 2024, order and to issue a new order directing the Secretary of the Department of Corrections and Rehabilitation to show cause, returnable before the Monterey County Superior Court, why petitioner is not entitled to relief on the ground that newly discovered expert testimony related to the victim's cause of death is sufficiently material and credible that it more likely than not would have changed the outcome of the case under Penal Code section 1473, subdivision (b)(1)(C)(i), and whether trial counsel was ineffective for failing to investigate and present expert testimony related to the victim's cause of death and the admissibility of petitioner's recorded interview statements. (Cal. Rules of Court, rule 8.528(d).)
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.