# People v. Avena

> California Supreme Court · June 10, 1996 · 13 Cal. 4th 394

URL: https://www.frixlaw.com/law-library/cases/5452155

## Case

- **Full name:** THE PEOPLE, and v. CARLOS JAIME AVENA, and
- **Court:** California Supreme Court
- **Decided:** June 10, 1996
- **Citations:** 13 Cal. 4th 394; 96 Daily Journal DAR 6671; 53 Cal. Rptr. 2d 301; 916 P.2d 1000; 96 Cal. Daily Op. Serv. 4140; 1996 Cal. LEXIS 2745
- **Precedential status:** Published
- **Opinion:** Concurrence by Kennard
- **Judges:** Kennard, Mosk, Werdegar
- **Cited by:** 209 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5452155

## Opinion text

KENNARD, J., Concurring.
I concur in the judgment affirming the judgment of death. I agree with the majority that no issue raised in defendant’s automatic appeal warrants reversal.
But in the related petition for writ of habeas corpus, which was recently before the court in In re Avena (1996) 12 Cal.4th 694 [ 49 Cal.Rptr.2d 413 , 909 P.2d 1017 ], I expressed the view, which I still hold, that defendant’s convictions and death sentence should have been set aside for ineffective assistance of counsel (id. at pp. 782-783 (dis. opn. of Kennard, J.)). The court’s decision in that case is now final, and is therefore binding under the doctrine of stare decisis.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5452155. Public record. Not legal advice.