California Supreme Court Watch

Jun 07, 2021
#21-270 Souliotes v. California Victim Compensation Bd., S267930.

#21-270 Souliotes v. California Victim Compensation Bd., S267930. (B295163; 61 Cal.App.5th 73; Los Angeles County Superior Court; BS170608.) Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in an action for writ of administrative mandate and other relief. This case presents the following issues: (1) Does a federal court’s “gateway” finding of actual innocence (Schlup v. Delo (1995) 513 U.S. 298) satisfy the “factually innocent” standard of Penal Code section 1485.55, subdivision (a), for entitlement to compensation by a person wrongfully convicted and incarcerated? (2) Are the factual findings and credibility determinations made in a federal court’s Schlup order binding on state courts under Penal Code section 1485.5, subdivision (c)?

Review granted: June 9, 2021

See the Court of Appeal Opinion.