No. 20-752

Gavin B. Davis v. California

Lower Court: California
Docketed: 2020-12-01
Status: Denied
Type: Paid
Relisted (2)
Tags: appeal appellate-review civil-rights criminal-procedure due-process judicial-discretion plea-bargaining plea-withdrawal sentencing totality-of-circumstances
Latest Conference: 2021-04-23 (distributed 2 times)
Question Presented (from Petition)

(1) Did the 4th Dist., Div. 1, Court of Appeal, California, err in its (a) inquiry and (b) application of Boykin / Tahl 1 analysis under its (c) "totality of circumstances " standard of review in relying on an (d) incomplete and erroneous factual record 2 in denying Appellant 's appeal of his timely and diligent Withdraw of Plea (April 23, 2018) efforts prior to Sentencing (June 7, 2018); where, Petitioner states that (e) there is substantially more than a reasonable probability 3 had Petitioner (f) been at liberty 4 subject to (i) reasonable and flexible bail 5; or, (ii) been presented with the alternative to the Plea Hearing (i.e. a bail review hearing, as had been calendared three (3) times); he would have continued to trial on all matters (as still sought) and not entered into any Plea Agreement 6, as entered into involuntary / coerced in direct exchange for that which he was already awaiting and is Constitutionally entitled to: his pre-trial liberty on reasonable terms and conditions; meeting the requisite standard of review under the proper application of such law)

(2) Is the State of California 's precedence in regard to a Remittitur issuing from the appellate court to the trial court in a criminal proceeding relying wholly and improperly on © civil proceeding precedents; with (ii) delay 7, unconstitutional and a violation of the due process clauses of the 5th and 14th Amendments, while such matter remains on direct appeal before the Supreme Court of the United States?

Question Presented (AI Summary)

Did the 4% Dist., Div. 1, Court of Appeal, California, err in its inquiry and application of Boykin-Tahl analysis under its 'totality of circumstances' standard of review in relying on an incomplete and erroneous factual record?

Docket Entries

2021-04-26
Rehearing DENIED.
2021-04-07
DISTRIBUTED for Conference of 4/23/2021.
2021-03-05
Petition for Rehearing filed.
2021-02-22
Petition DENIED.
2021-01-13
DISTRIBUTED for Conference of 2/19/2021.
2020-12-01
Blanket Consent filed by Petitioner, Gavin B. Davis.
2020-04-20
Petition for a writ of certiorari filed. (Response due December 31, 2020)
2019-12-30
Application (19A726) granted by Justice Kagan extending the time to file until April 24, 2020.
2019-12-24
Application (19A726) to extend the time to file a petition for a writ of certiorari from February 24, 2020 to April 24, 2020, submitted to Justice Kagan.

Attorneys

Gavin B. Davis
Gavin B. Davis — Petitioner