California Supreme Court Watch

Jun 09, 2021
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: 6/09/2021

Case fully briefed: 2/25/2022

Transferred to CA 2/4 after grant of review: 9/21/2022

“The above-captioned matter is transferred to the Court of Appeal, Second Appellate District, Division Four, with directions to vacate its decision and reconsider the cause in light of Senate Bill No. 446 (Stats. 2021, ch. 490, § 1) and Senate Bill No. 632 (Stats. 2022, ch. 133, § 1(a)). (Cal. Rules of Court, rule 8.528(d).) As explained in Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21, and California Rules of Court, rule 8.1115(e)(3), corresponding comment, paragraph 3, the opinion is hereby rendered either ‘depublished’ or ‘not citable.’

Respondent’s motion for judicial notice, filed October 15, 2021, is granted.”

Votes: Cantil-Sakauye, C.J., Corrigan, Liu, Kruger, Groban, Jenkins and Guerrero, JJ.

See the Court of Appeal Opinion.