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Shanker Patel v. California

Paid petition · Court of Appeal of California, Second Appellate District, No. B281294 · judgment November 14, 2018


Certiorari denied · October 7, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Where in sixteen States, including California, whence this present case arises, the law requires corroboration of an accomplice’s testimony to sustain a conviction, and When no physical evidence connects a defendant to the crime and the evidence of the defendant’s guilt beyond a reasonable doubt is supplied solely by circumstantial evidence, by the trial testimony of an accomplice, and by the out-of-court statements made by another accomplice, and When the defendant requests that the trial court give to the jury a cautionary instruction about the care with which the jury should face accomplice corroboration, THE QUESTION HERE PRESENTED IS: Whether a trial court violates the jury trial guarantees of the Sixth Amendment and U.S. Const. art. III, § 2, cl. 3 by refusing to grant a defendant’s request that the court instruct the jury that the evidence of accomplices ought to be received with suspicion and with the very greatest care and caution and ought not to be passed upon by the jury under the same rules governing other and apparently credible witnesses. See, e.g., Crawford v. United States, 212 U.S. 183, 204 (1909).

Counsel of record

For petitioner
Corey Evan Parker
The Appellate Law Firm

For respondent
Corey J. Robins
CA, Dept. Just., Off. Atty Gen

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jun 19 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jun 12 2019
    Waiver of right of respondent California to respond filed.
  4. May 13 2019
    Petition for a writ of certiorari filed. (Response due June 17, 2019)