13 CAL4TH 394 - People v. Avena

How this case has been cited

Cited by 63 later decisions — most recently May 2021 · most notably 18 Cal. 4th 297 - People v. Bolin (1998), People v. Holt (1997)

61 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

KENNARD, J., Concurring.

¶1I concur in the judgment affirming the judgment of death. I agree with the majority that no issue raised in defendant’s automatic appeal warrants reversal.

¶2But in the related petition for writ of habeas corpus, which was recently before the court in In re Avena (1996) 12 Cal.4th 694 [49 Cal.Rptr.2d 413, 909 P.2d 1017], I expressed the view, which I still hold, that defendant’s convictions and death sentence should have been set aside for ineffective assistance of counsel (id. at pp. 782-783 (dis. opn. of Kennard, J.)). The court’s decision in that case is now final, and is therefore binding under the doctrine of stare decisis.