Opinion

People v. Ochoa

  • 110 Cal. Rptr. 2d 324
  • 26 Cal. 4th 398
  • 2001 Daily Journal DAR 8191
  • 28 P.3d 78
  • 2001 Cal. Daily Op. Serv. 6719
Court
California Supreme Court
Filed
Aug 6, 2001
Status
Published
Author
Kennard
On the bench
Brown, Kennard
Cited by
200 cases
Authority
More cited than 11.0%

Overruled on other grounds by People v. Prieto, 133 Cal. Rptr. 2d 18 (2003)

rejecting a defendant’s contention that the nine-year delay between his sentencing and appeal resulted in cruel and unusual punishment

How later courts described this case

  • rejecting a defendant’s contention that the nine-year delay between his sentencing and appeal resulted in cruel and unusual punishment
  • abrogation recognized on other 8 grounds by People v. Harris, 43 Cal. 4 th 1269, 1306 (2008). 9 Here, Petitioner concedes that “there is currently no clearly established Supreme Court law 10 mandating the relief Petitioner seeks here.” (Doc. No. 95 at 257.
  • applying Walton and specifically rejecting application of Apprendi in capital cases

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by People v. Prieto, 133 Cal. Rptr. 2d 18 (2003)

    26 Cal.4th 398, 438 , overruled on another ground in People v. Prieto (2003) 30 Cal.4th 226, 263, fn. 14
    California Supreme CourtApr 21, 20032 citing opinionsother groundsRead it
  • Abrogated on other grounds by a later decision

    " People v. Ochoa , 26 Cal.4th 398, 454, 110 Cal.Rptr.2d 324, 28 P.3d 78 (2001), abrogated on other grounds as stated in People v. Prieto , 30 Cal.4th 226, 263 n.14, 133 Cal.Rptr.2d 18, 66 P.3d 1123 (2003).
    12 citing opinionsother grounds

The opinion

KENNARD, J.

I concur in the majority opinion except for its treatment of defendant’s contention that the delay between sentencing and execution violates the Eighth Amendment’s prohibition against cruel and unusual punishment. This court has in the past rejected such a claim, holding that “[a]s long as it is reasonable, the time required for our statutorily mandated review is not a violation of a criminal defendant’s constitutional rights; it is essential to ensuring that those rights are and have been respected.” (People v. Ochoa (1998) 19 Cal.4th 353, 477 [ 79 Cal.Rptr.2d 408 , 966 P.2d 442 ].) Because the delay here is reasonable, this court’s holding in Ochoa is dispositive here. I would go no further.

Appellant’s petition for a rehearing was denied September 19, 2001.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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