Parties and Attorneys
In re TIJUE A. MCGHEE on Habeas Corpus
Division 4
Division 4
Case Number A159267
| Party | Attorney |
|---|---|
| Tijue A. McGhee : Petitioner San Quentin State Prison 5 - H - 10 - UP San Quentin, CA 94974 | Pro Per |
| The People : Respondent | Office of the Attorney General 455 Golden Gate Avenue - Suite 11000 San Francisco, CA 94102-7004 Contact Name: Brian Kinney |
Case Summary
Trial Court Case:
SC211178A
Court of Appeal Case:
A159267
Division:
4
Case Caption:
In re TIJUE A. MCGHEE on Habeas Corpus
Case Type:
CR
Filing Date:
01/06/2020
Completion Date:
Oral Argument Date/Time:
Docket (Register of Actions)
In re TIJUE A. MCGHEE on Habeas Corpus
Division 4
Division 4
Case Number A159267
| Date | Description | Notes |
|---|---|---|
| 01/06/2020 | Petition for a writ of habeas corpus filed. | |
| 01/16/2020 | Opposition requested. | THE COURT*: Real party in interest shall serve and file a preliminary opposition to the petition for writ of habeas corpus on or before February 4, 2020. Petitioner may serve and file a reply brief within 10 days after the preliminary opposition is served and filed. * Pollak, P.J., Streeter, J., and Tucher, J. |
| 02/04/2020 | Requested - extension of time. | Opposition filed. Requested for 03/05/2020 By 30 Day(s) |
| 02/05/2020 | Granted - extension of time. | Opposition filed. Due on 03/05/2020 By 30 Day(s) |
| 03/05/2020 | Opposition filed. | Informal Response |
| 03/27/2020 | Reply filed to: | By petitioner |
| 03/27/2020 | Issued order to show cause. | ORDER CONSOLIDATING PETITIONS FOR WRIT OF HABEAS CORPUS ORDER TO SHOW CAUSE THE COURT*: On its own motion, the court hereby consolidates the petitions for writ of habeas corpus filed in A159189 and A159267. The matters are consolidated for purposes of briefing, oral argument, and decision. Good cause appearing from the petitions for writ of habeas corpus on file in this action, IT IS ORDERED that the Warden of the San Quentin State Prison show cause before this court why the relief requested in the petitions should not be granted. This order to show cause is limited to the issue of whether the decision by the California Department of Corrections and Rehabilitation to move petitioner's parole eligibility date to February 15, 2021, contravened Proposition 57 (Cal. Const., art. I, ยง 32). The First District Appellate Project is directed forthwith to arrange for counsel to represent petitioner. Within 30 days of his or her appointment, petitioner's counsel may serve and file a supplemental petition. Any return must be served and filed in this court within thirty (30) days of the filing of any supplemental petition. Petitioner may serve and file a traverse within fifteen (15) days after the respondent files a return. This order to show cause is to be filed and served on or before March 30, 2020. It shall be deemed served upon mailing by the clerk of this court of copies of this order to all parties to this proceeding, to the superior courts, and to the First District Appellate Project. The clerk of this court shall also provide the First District Appellate Project with a copy of the petition, the preliminary opposition, and all exhibits lodged in this matter. The justices will be familiar with the facts and issues, will have conferred among themselves on the case, and will not require oral argument. If oral argument is requested, the request must be served and filed on or before the same date that petitioner may file a traverse. If no request for oral argument is filed, the matter will be submitted at such time as the court approves the waiver and the time for filing all briefs and papers has expired. (California Rules of Court, rules 8.256(d)(1), 8.386(g)(1).) If oral argument is requested, this cause will be set for oral argument at a date and time to be determined, before Division Four of this court at the courtroom located on the fourth floor of the State Building, 350 McAllister Street, San Francisco, California. * Pollak, P.J., Streeter, J., and Tucher, J. |
| 03/27/2020 | Email sent to: | First District Appellate Project (eservice@fdap.org) Hello, An order was filed today that consolidates these two above-entitled cases and directs the First District Appellate Project to appoint counsel to represent petitioner. I have attached the order. I have attached the documents for both cases to this email so it may be forwarded to counsel after appointment. Best regards, Melissa Garcia Division 4 Deputy Clerk First District Court of Appeal 350 McAllister Street San Francisco, CA 94102 415.865.7297 melissa.garcia@jud.ca.gov |
| 04/02/2020 | Counsel appointment order filed. | Attorney L. Richard Braucher for appellant McGhee. |
| 06/02/2020 | Requested - extension of time. | Petition for a writ of habeas corpus filed. Requested for 06/17/2020 By 14 Day(s) |
| 06/03/2020 | Granted - extension of time. | Petition for a writ of habeas corpus filed. Due on 06/17/2020 By 14 Day(s) |
| 06/17/2020 | Petition for a writ of habeas corpus filed. | Supplemental Petition for Writ of Habeas Corpus; Memorandum of Points and Authorities |
| 07/07/2020 | Application filed to: | **Immediate Actions Requested** Application for Order Shortening Time for Motion for Release on Parole Pending Decision on Writ of Habeas Corpus Due to COVID-19 Outbreak at San Quentin State Prison |
| 07/07/2020 | Motion filed. | **Immediate Actions Requested** Motion for Release on Parole Pending Decision on Writ of Habeas Corpus Due to COVID-19 Outbreak at San Quentin State Prison |
| 07/08/2020 | Opposition requested. | Petitioner's application to shorten the time for real party in interest to respond to petitioner's motion for release on parole is granted in part. Real party in interest shall serve and file an opposition to the motion for release on or before July 15, 2020. |
| 07/15/2020 | Opposition filed. | Opposition to Motion for Prisoner Release |
| 07/17/2020 | Order filed. | Petitioner?s motion for release on parole filed on July 7, 2020, is denied. |
| 07/17/2020 | Requested - extension of time. | Written return filed. Requested for 08/17/2020 By 31 Day(s) |
| 07/17/2020 | Errata filed to: | Notice of Errata regarding Respondent's Opposition to Petitioner's Motion for Immediate Prisoner Release |
| 07/20/2020 | Granted - extension of time. | Written return filed. Due on 08/17/2020 By 31 Day(s) |
| 08/17/2020 | Requested - extension of time. | Written return filed. Requested for 08/31/2020 By 14 Day(s) |
| 08/14/2020 | Filed letter from: | Dated 8/13/2020 by FDAP in re: early release of petitioner |
| 08/19/2020 | Granted - extension of time. | Written return filed. Due on 08/31/2020 By 14 Day(s) |
| 08/31/2020 | Requested - extension of time. | Written return filed. Requested for 09/10/2020 By 10 Day(s) |
| 09/01/2020 | Granted - extension of time. | Written return filed. Due on 09/10/2020 By 10 Day(s) |
| 09/10/2020 | Written return filed. | due 30 days after any supplemental petition is filed |
| 09/28/2020 | Granted - extension of time. | Traverse to return filed. Due on 10/02/2020 By 7 Day(s) |
| 10/02/2020 | Requested - extension of time. | Traverse to return filed. Requested for 10/07/2020 By 5 Day(s) |
| 10/05/2020 | Granted - extension of time. | Traverse to return filed. Due on 10/07/2020 By 5 Day(s) |
| 10/06/2020 | Traverse to return filed. | by petitioner |
| 11/06/2020 | Dismissal order filed. | THE COURT*: Because petitioner has been released on parole, this proceeding has become moot. Accordingly, the order to show cause issued by this court on March 27, 2020 is dissolved, and the petitions for writ of habeas corpus are dismissed as moot. * Pollak, P.J., Streeter, J., and Tucher, J. |
| 11/06/2020 | Case complete. |
Briefs
In re TIJUE A. MCGHEE on Habeas Corpus
Division 4
Division 4
Case Number A159267
No information found.
Future Scheduled Actions
In re TIJUE A. MCGHEE on Habeas Corpus
Division 4
Division 4
Case Number A159267
| Description | Due Date | Notes |
|---|---|---|
| Shipped to state retention center, box # / list #: | 04/01/2021 | ***Note: Entire file electronic*** |
Disposition
In re TIJUE A. MCGHEE on Habeas Corpus
Division 4
Division 4
Case Number A159267
Description:
Order dismissing petition
Date:
11/06/2020
Disposition Type:
Final
THE COURT*: Because petitioner has been released on parole, this proceeding has become moot. Accordingly, the order to show cause issued by this court on March 27, 2020 is dissolved, and the petitions for writ of habeas corpus are dismissed as moot. * Pollak, P.J., Streeter, J., and Tucher, J.
THE COURT*: Because petitioner has been released on parole, this proceeding has become moot. Accordingly, the order to show cause issued by this court on March 27, 2020 is dissolved, and the petitions for writ of habeas corpus are dismissed as moot. * Pollak, P.J., Streeter, J., and Tucher, J.
Publication Status:
Author:
Participants:
Case Citation:
none
Trial Court
In re TIJUE A. MCGHEE on Habeas Corpus
Division 4
Division 4
Case Number A159267
Trial Court Name:
Alameda County Superior Court - Main
County:
Alameda
Trial Court Case Number:
SC211178A
Trial Court Judge:
Trial Court Judgment Date: