No. 18-6338

Briand Williams v. Superior Court of California, Los Angeles County, et al.

Lower Court: California
Docketed: 2018-10-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-counsel contract contract-law due-process equal-protection habeas-corpus jurisdiction jurisdictional-challenge plea-bargain statute-of-limitations
Latest Conference: 2018-11-30
Question Presented (from Petition)

Is a Plea Bargain Agreement in essence a contract between the defendant and the prosecutor on behalf of the StateRWA And if so, can the defendant be relieved from the restraints of the agreement when the Statute of Limitations is Jurisdictional in nature, and where the court had lacked jurisdiction to prosecute the matter, Can a defendant be forced and bound to the plea agreement where the Statute of Limitation is was MM Longer in existence after three (3) years, three (3) months, and fifteen (15) days. See Cal. Pen. Code §800-802 and §804; Statute of Limitations (1935) 23 Cal. L. Rev, at pp 525-527; In re Harris (1993) 5 C. 4th 813, II1W1; People vs. Chapman (1975) 47 CA 3d 597; People vs. Hoffman (1933) 132 CA 60; People vs. Lynch (2010) 182 CA 4th 1262; People vs. Sup. CL (Meeks) (1991) 1 C. 4th 56, 66 IILi; United States vs. Williams (1951) 341 US 58, 68; In reAlbertB. Demillo (1975) 14 C. 3d 598; People vs. Miller (1859) 12 C. 291; People vs. Picetti (1899) 124 C. 361; Exparte Vice (1901) 5 C. 153; People vs. McGee (1934) 1 C. 2d 611; People vs. Rose (1972) 28 CA 3d 414; People vs. Morgan (1977) 75 CA 3d 32; People vs. Chadd (1981) 28 3d 739; People vs. Brice (1988) 206 CA 3d 111; People vs. Angel (1999) 70 Cal. 4th 1141; People vs. Williams (1999) 21 C. 4 th335; Sanders vs. Sup. Ct. (1999) 76 CA 4th 609; Kellett vs. Sup. CL (1966) 63 C. 2d 822; In re Davis (1936) 13 CA 2d 109; In re McVickers (1946)29 C. 2d 264, 274, 280; In re Carmen _(1957)48 C. 2d 851, 854; People vs. Crosby (1962) 58 C. 2d 713, 724-725; But, JJ1 Under the Color of Law Is the Defendant entitled under the Equal Protection Analysis and Due Process Clause of our United States Constitution; entitled to an Evidentiary Hearing to make a conclusive finding to determine whether the plea bargain between the defendant and the People for the State of California can be enforced even after the State of Calif. Statute of Limitations has long ran out

Once a plea agreement has been reached, can the District Attorney's office Rene2e on the ORIGINAL agreement long after the defendant has full-filled his part of the agreement well over twenty-two (22) years ago after the bargain was reached and nearly twenty (20) years after the defendant completed the three (3) full years of Formal Probation under that

Question Presented (AI Summary)

Is a Plea Bargain Agreement a contract between the defendant and the prosecutor on behalf of the State, and can the defendant be relieved from the restraints of the agreement when the Statute of Limitations is Jurisdictional in nature and the court lacked jurisdiction to prosecute the matter

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-10-24
Waiver of right of respondent Superior Court of California to respond filed.
2018-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2018)

Attorneys

Briand Williams
Briand Williams — Petitioner
Superior Court of California
Lance E. WintersCalifornia Attorney General's Office, Respondent