No. 18-5404

Craig Cooper v. Court of Appeal of California, First Appellate District, et al.

Lower Court: California
Docketed: 2018-07-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights due-process habeas-corpus heck-v-humphrey stare-decisis
Latest Conference: 2018-09-24
Question Presented (from Petition)

(1.) UNDER ThE DOCtRINE Of STARE dECISS All TRIbUNAl EXERCISINg
iNFERIOR juRiSdiCTiON ARE REQUIiREd tO fOLlOW dECISION of
COURTS EXERCISINg SUpERIOR juRISDICTION.
RESpoNdENt SUpER-
fl e fA ei A cie f
A APpEllAtE COURt iN CoOpER v. VElEZ. ThE VElEz CouRt
CiTEd U.S. SUPREME COURT CASE HECK V. HUMPHREY SI2 U.S.
477 to dispASE of this CASE. j
Did RESpoNDENtS Comply
With thEiR juRISDiTiON UNDER thE lAW of SARE dECISIS?

(2.) ThE U.S. SuPREME COURT iN HEcK v. HuMPHREY, 512 U.S. 477, 480
hEld: "A Suit (ciVil) is ClAsSifiEd A hAbEAS CoRpus" uNdER
CERTAIN CoNdiTiONS, "if A pARTY is CHAllENgiNg his SENtENCE OR
CONVICTION." ThE COOpER V. VElEZ COURt dECIDEd pETiTiONER
COOpER WAS CHALlENGINg hiS SENtENCE OR CONVICTION ANd STAtEd
NO CAUSE of ACTION HAD ACCRUEd." DO RESPONDENTS COURTS
AfTER A fiNAl judgMENt NOW hAVE juRiSDiCTiON/ AUthORity to
Adopt its DWN bEliEf ANd dECiSiON iN REgARd to thE COOpER
Y. VElEZ CARE UNDER tHE dOCTRINE of STARE DECISIS? PERtAiNiNg to the ApplicatiON of HEcK v. HumphREy. 5I2u.S.
477,480)?

(3.) WHETHER CoOPER v. VELEZ CAN bE dECLAREd A CIVil suiT
WHEN it is disMISSEd puRSUANt to HECK v. HuMphREy 512
U.S. 477, 480 OR CHAlEGINg pETiTiONER COOpER CONVICTION / SENTENCE?

Question Presented (AI Summary)

Under the doctrine of stare decisis, all tribunals exercising inferior jurisdiction are required to follow decisions of courts exercising superior jurisdiction

Docket Entries

2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-27
Waiver of right of respondents C. Goodwin and R. Shimada, Defendants and Real Parties in Interest to respond filed.
2018-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2018)

Attorneys

C. Goodwin and R. Shimada, Defendants and Real Parties in Interest
Kevin A. Voth — Respondent
Craig Cooper
Craig Cooper — Petitioner