Can a defendant who has been convicted of a second-degree murder wait until the judgment of the Superior Court of Appeal has been affirmed before filing a petition for certiorari in which they raise federal questions relating to their trial on guilt?

California, United States of America


The following excerpt is from People v. Vinson, B257225 (Cal. App. 2017):

could not await affirmance of the judgments as to penalty before filing a petition for certiorari in which they raise federal questions relating to their trial on guilt." (Ibid.) "To the contrary, language in several cases gives support to the view that certiorari may still be available here with respect to matters relating to the trial on guilt. Corey v. United States[ (1963)] 375 U.S. 169, 175 [84 S.Ct. 298, 11 L.Ed.2d 229], which involved a federal statute pursuant to which the defendant was sentenced twice for a crime, held that the defendant had the option of appealing within the prescribed time after either the first or the second sentence. The court stated that 'Long-accepted and conventional principles of federal appellate procedure require recognition of the defendant's right to await the imposition of final sentence before seeking review of the conviction. That is the general rule.' It was recognized that as a practical matter the severity of the sentence imposed might be a major factor in determining whether to seek review. Similarly in a case such as the present one whether death or life imprisonment were imposed might be a major factor in the defendant's determination whether to seek certiorari." (Id. at pp. 864-865.)

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