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Teddy Chuang v. California

Paid petition · Court of Appeal of California, Third Appellate District, No. C087621 · judgment August 17, 2018


Certiorari denied · February 19, 2019
Pre-decision estimate: 0% cert probability

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

Question presented

Whether a case is prosecutable under California v. Trombetta, 467 U.S. 479 (1984) when the District Attorney commits a felony in violation of California Penal Code § 141, effective January 1, 2017, which in turn violates the Constitutional mandate of Brady v. Maryland, 373 U.S. 83 (1963), during the prosecution of the case. Whether a court which raises bail to excessive amounts ($50,000 to $500,000) while the District Attorney conceals evidence exculpatory to the charges alleged deprives the accused of due process such that no determination of the accused's custody status should be permitted without the disclosing of material exculpatory evidence in the possession of the prosecution. Whether unjustifiable pepper-spraying, Tasering, and bloodying a defendant when he declined to accept the District Attorney's plea offer is grounds for dismissal under Rochin v. California, 342 U.S. 165 (1952), when the court directed the bondsman to bring the defendant to the court to surrender.

Counsel of record

For petitioner
Teddy Chuang

For respondent
Tami Michelle Krenzin
Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 29 2019
    Rehearing DENIED.
  2. Apr 10 2019
    DISTRIBUTED for Conference of 4/26/2019.
  3. Mar 16 2019
    Petition for Rehearing filed.
  4. Feb 19 2019
    Petition DENIED.
  5. Jan 16 2019
    DISTRIBUTED for Conference of 2/15/2019.
  6. Jan 10 2019
    Waiver of right of respondent State of California to respond filed.
  7. Dec 10 2018
    Petition for a writ of certiorari filed. (Response due January 14, 2019)