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
Key Terms:
DueProcess FourthAmendment HabeasCorpus Punishment
Latest Conference: 2021-04-23 (distributed 2 times)
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?

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Did the 4% Dist., Div. 1, Court of Appeal, California, err in its (a) inquiry and (b) application of Boykin / Tahl! analysis under its (c) “totality of circumstances” standard of review in relying on an (d) incomplete and erroneous factual record? 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? 1 See Boykin v. Ala. 395 U.S 238, 243 (1969); In re : Tahl, 1 Cal.3d 122, 132 (1969) 2 See e.g., DO74186, Petition for Rehearing, with Attorney John O. Lanahan, commenting, in part, “the [c]ourt overlooked [Petitioner’s] statements in open ; court that contradicted, rather that supplemented, the waiver of rights he had initialed on the change of plea form” (pg. 5-6) and “minute orders and his own statements at the change of plea hearing show that he believed the only way he would be released was if he pleaded guilty,” (d., pg. 6) (

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