California Court of Appeal

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Baca v. Superior Court, C062609

Defendant's petition for a writ of mandate, seeking discovery materials in an attempt to file a third successive habeas petition on issues decided in the previous writ proceedings is denied as, for purposes of section 1054.9, there is no habeas petition either contemplated or pending that would justify the post-conviction discovery defendant seeks because a habeas petition has already been filed and denied on the ground of ineffective assistance of counsel, and given the evidence of defendant's intent to kill the victim, the evidence he seeks would not justify a successive habeas corpus petition on an issue that was actually litigated at trial.

Appellate Information

  • Submitted 08/31/2010
  • Decided 08/31/2010
  • Published 08/31/2010

Judges

  • BLEASE

Court

  • California Court of Appeal

Counsel

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