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Tong Park v. California

Paid petition · Court of Appeal of California, First Appellate District, No. A162603 · judgment December 17, 2021


Certiorari denied · October 3, 2022
Pre-decision estimate: 0% cert probability

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

Questions presented

The following questions are presented:

  1. Although unpublished, because the Court of Appeal’s opinion departed from a long line of well-established and published opinions of both this Court and lower federal courts, this Court should intervene and exercise its jurisdiction over the lower state courts in order bring them back in line with established U.S. constitutional laws

  2. The State Court of Appeal’s opinion provides an adequate vehicle to present important issues of law for this Court to resolve.

  3. After being denied access to the courts (extrinsic fraud), was the Petitioner denied his right to a fair trial in violation of his Eighth Amendment right to the United States Constitution, thereby nullifying the notion of prima facie guilt, and thereby nullifying the binding requirement of providing evidence of extrinsic fraud, and hence, evidence of innocence, in a petition for writ of error coram nobis?

  4. Because the conviction of the Petitioner was entirely based upon inferences, and not on direct and positive evidence, is the Petitioner prima facie guilty of perjury, and therefore, required to produce evidence of extrinsic fraud to surmount the judgment of conviction? 5.) Because the Petitioner was denied access to the Maguire Jail Law Library for several months, after already

Counsel of record

For petitioner
Tong Park

For respondent
Catherine Amy Rivlin
CA Department of Justice

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Jul 13 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jul 11 2022
    Waiver of right of respondent The People of the State of California to respond filed.
  4. May 28 2022
    Petition for a writ of certiorari filed. (Response due July 22, 2022)