# In Re Gallego

> California Supreme Court · August 3, 1998 · 77 Cal. Rptr. 2d 132

URL: https://www.frixlaw.com/law-library/cases/9548649

## Case

- **Full name:** In Re GERALD A. GALLEGO on Habeas Corpus
- **Court:** California Supreme Court
- **Decided:** August 3, 1998
- **Citations:** 77 Cal. Rptr. 2d 132; 18 Cal. 4th 825; 98 Daily Journal DAR 8387; 959 P.2d 290; 98 Cal. Daily Op. Serv. 6056; 1998 Cal. LEXIS 4690
- **Precedential status:** Published
- **Opinion:** Concurrence by Mosk
- **Judges:** George, Mosk, Kennard, Brown
- **Cited by:** 33 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/9548649

## Opinion text

MOSK, J., Concurring.
I concur in the result.
I agree that we must discharge the order to show cause. I do so because I believe that petitioner has not alleged specific facts that would entitle him to relief on habeas corpus. I would rest on the merits, and would not proceed to any of the so-called “procedural bars,” including that of untimeliness. (See In re Robbins (1998) 18 Cal.4th 770, 815-817 [ 77 Cal.Rptr.2d 153 , 959 P.2d 311 ] (cone. opn. of Mosk, J.).)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9548649. Public record. Not legal advice.