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In , Bontilao was convicted of second-degree murder and sentenced by the Santa Clara County Superior Court to 15 years to life in prison. In , Bontilao filed a habeas corpus petition, challenging a decision by the Board of Parole Hearings denying him parole, Bontilao sent a letter, requesting the identity of the judge assigned to adjudicate his habeas petition.
Bontilao received the order on July 3. On August 16, Judge Zecher struck the challenge as untimely under the all-purpose assignment rule.
Bontilao's mandamus petition was summarily denied. The California Supreme Court transferred the matter back. The court of appeal issued an order to show cause, appointed counsel for Bontilao, provided the Board the opportunity to file a return, and gave Bontilao the opportunity to file a reply. Inmate's challenge to the assignment of a judge to his habeas petition was untimely under the "all-purpose assignment rule," Code of Civil Procedure section Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site.
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You should read the full case before relying on it for legal research purposes. Get free summaries of new California Courts of Appeal opinions delivered to your inbox! Superior Court Bontilao v. Superior Court Annotate this Case. Opinion Annotation. Download PDF. Primary Holding Inmate's challenge to the assignment of a judge to his habeas petition was untimely under the "all-purpose assignment rule," Code of Civil Procedure section Toggle button Get free summaries of new California Courts of Appeal opinions delivered to your inbox!