Does a judgment become final when the availability of appeal and the time for filing a petition for certiorari have expired?

California, United States of America


The following excerpt is from People v. Bishop, B282217 (Cal. App. 2019):

["[a] judgment becomes final when the availability of an appeal and the time for filing a petition for certiorari have expired"]; see also Bell v. Maryland (1964) 378 U.S. 226, 230 ["[t]he rule applies to any such [criminal] proceeding which, at the time of the supervening legislation, has not yet reached final disposition in the highest court authorized to review it"].) Accordingly, the trial court must be given the opportunity to consider whether to strike the firearm enhancements.

Other Questions


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)
If a final judgment has not been found, can an appeal be appealed from a judgment that fails to complete all causes of action between the parties? (California, United States of America)
Is a final judgment an appealable final judgment if it does not address postjudgment matters? (California, United States of America)
Can a criminal appeal be appealed from a final judgment of conviction? (California, United States of America)
Does the Court of Appeal have jurisdiction to deny without prejudice a habeas corpus petition from a defendant who has not filed a petition in the proper lower court? (California, United States of America)
Does a final judgment have to be reversed if the successful plaintiff dies while the judgment is on appeal? (California, United States of America)
Is a judgment disposed of all nine causes of action and appealable under the one final judgment rule? (California, United States of America)
Is a criminal appeal against a final judgment of conviction not appealable? (California, United States of America)
What is the test for having a copy of an opinion of the appeal court of appeal regarding a final judgment in a personal injury case? (California, United States of America)
What are the findings of the Court of Appeal on the appeal of a motion of appeal against an order requiring the Attorney General to produce a copy of the Plaintiff's file? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.