How have courts treated the issue of whether a defendant has a valid claim under the three strikes law?

MultiRegion, United States of America

The following excerpt is from Scott v. Walker, No. CIV-S-10-1107 KJM GGH P (E.D. Cal. 2011):

As stated, [petitioner] does not challenge the trial court's exercise of discretion as such; that is, he does not contend that he falls outside the spirit of the three strikes law. (See Carmony, supra, 33 Cal.4th at pp. 375-378, 14 Cal.Rptr.3d 880, 92 P.3d 369.) Accordingly, we need not review that separate issue. (See People v. Stanley (1995) 10 Cal.4th 764, 793, 42 Cal.Rptr.2d 543, 897 P.2d 481 [point not developed is forfeited].)

People v. Scott, 179 Cal.App.4th 920, 926-32 (2009).

To the extent petitioner seeks relief regarding issues of state law, those issues are

Page 12

Other Questions


How have the courts dealt with the issue of whether a defendant has been successful in his claim that he has been denied justice by the Court of Appeal? (MultiRegion, United States of America)
What is the test for a court to determine whether a plaintiff has jurisdiction to bring a claim for damages against a defendant who is also a defendant in a civil case? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
How have the courts treated the issue of a search warrant issued by a state court? (MultiRegion, United States of America)
Before the court examines the merits of First Amendment claim, will the court consider whether this claim is ripe? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
When a litigant claims that a lower court has taken action beyond its jurisdiction, does the court have power to require the lower court to set matters right? (MultiRegion, United States of America)
Can a petitioner who has had a full and fair review of his Fourth Amendment claims in state court seek to have those claims reviewed by the federal appeals court? (MultiRegion, United States of America)
What is the test for denying an evidentiary hearing for the purpose of determining whether a defendant has a valid claim against him? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.