Opinion
S258012
10-12-2022
TIBBS (TODD J.) ON H.C.
Order to show cause issued; returnable in Court of Appeal, Fourth Appellate District, Division One
The request for judicial notice is granted.
The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause, returnable before the Court of Appeal, Fourth District, Division One, why relief should not be granted on the ground the trial court and court of appeal misapplied the standard for establishing a prima facie case for relief (Petn. at p. 29; see also Cal. Rules of Court, rule 4.551, subd. (c)(1); People v. Romero (1994) 8 Cal.4th 728, 737-738, 741-742; People v. Duvall (1995) 9 Cal.4th 464, 474-475) and on the separate ground that petitioner has presented newly discovered evidence of such decisive force and value that it would have more likely than not changed the outcome at trial (Pen. Code, § 1473, subd. (b)(3)(A)). The return must be served and filed on or before November 14, 2022.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Liu, Kruger, Groban, Jenkins, and Guerrero, JJ.