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In re Galik

California Supreme Court(Minute Order)
Aug 14, 2024
No. S279146 (Cal. Aug. 14, 2024)

Opinion

S279146

08-14-2024

GALIK (KEVIN) ON H.C.


Order to show cause issued, returnable in Superior Court

Respondent's Request for Judicial Notice filed on December 8, 2023, is granted. (Cal. Rules of Court, rules 8.252, 8.386.)

Respondent's Motion to Seal Portions of Informal Response to Petition for Writ of Habeas Corpus filed on December 1, 2023, is granted. (Cal. Rules of Court, rules 2.550(d), 2.551(e)(4).) Petitioner's Motion to Seal Portions of Reply to Informal Response to Petition for Writ of Habeas Corpus filed on February 20, 2024, is granted. (Cal. Rules of Court, rules 2.550(d), 2.551(e)(4).) In ordering the sealing, this court makes the findings required by California Rules of Court, rules 2.550(d) and 8.46(d)(6). The clerk of this court is directed to file under seal the unredacted copies of Respondent's Informal Response and Petitioner's Reply to Informal Response.

The application of Adam S. Gershenson to appear as counsel pro hac vice for Amicus Curiae The Innocence Network is granted.

The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause, returnable before the Kings County Superior Court, why petitioner is not entitled to relief based on his claim that newly discovered DNA evidence, considered together with newly discovered evidence of third party culpability as set forth in Claim Two of Petitioner Kevin Galik's Petition for Writ of Habeas Corpus, is sufficiently material and credible that it more likely than not would have changed the outcome of the case. (Penal Code § 1473, subd. (b)(1)(C)(i).). The return must be served and filed on or before September 13, 2024.

Kruger, J., was recused and did not participate.

Votes: Guerrero, C. J., Corrigan, Liu, Groban, Jenkins, and Evans, JJ.


Summaries of

In re Galik

California Supreme Court(Minute Order)
Aug 14, 2024
No. S279146 (Cal. Aug. 14, 2024)
Case details for

In re Galik

Case Details

Full title:GALIK (KEVIN) ON H.C.

Court:California Supreme Court(Minute Order)

Date published: Aug 14, 2024

Citations

No. S279146 (Cal. Aug. 14, 2024)