Cunningham & Blakely Resources
News & Articles U.S. Supreme Court Decisions Sample Briefs & Pleadings Pending California & U.S. Supreme Court Cases California Decisions Other Resources


Letter to Client Upon Dismissal of Review; Counsel Not Filing Cert. Pet. (posted Sept. 17, 2007)

Cal. Supreme Court Sept. 12, 2007, Press Release Regarding Dismissals and Transfers

Cert. Petition filed in Black II Aug. 24, 2007, U.S. Supreme Court no. 07-6140 (posted Sept. 13, 2007)

Post-Cunningham Superior Court Habeas Corpus Petition (posted Mar. 16, 2007) (In re Rivas; atty: Alan Siraco)

Letter to Court of Appeal Following GVR, Requesting Re-Issuance of Original Opinion Remanding for Resentencing (posted Feb. 20, 2007)

Post-Cunningham Petition for Review (posted Feb. 17, 2007) (Corona, S150057, filed Feb. 5, 2007, atty: Alan Siraco)

Post-Cunningham Ltr Brief to Court of Appeal in Fully-Briefed Case (posted Jan. 23, 2007)

Warning: The samples below were all drafted before the U.S. Supreme Court decided Cunningham, and some were drafted even before the California Supreme Court decision in Black. Many of those samples remain useful and can be adapted for a post-Cunningham pleading. Some aspects of the arguments below, however, may be outdated. For instance, none note the decision in Cunningham itself, some of the argumentation regarding Almendarez-Torres and the recidivist exception may be outmoded in light of Rangel-Reyes v. United States, 547 U.S. ___, 126 S.Ct. 2873 (2006) (Statement of Stevens, J., respecting denial of cert.), and the arguments that structural error apply would have to be reconsidered in light of Washington v. Recuenco, 548 U.S. ___, 126 S.Ct. 2546 (2006). As we develop new samples, they will be posted above.

Post Cunningham-Cert-Grant Me-Too Generic/Sample Petition for Writ of Certiorari (posted Feb. 2006, updated Mar. 2006 )

  • Download Note: If you have trouble opening the Word or WP versions, try first saving them to your computer.
  • Tables. Tables of contents and authorities are required for petitions exceeding 5 pages. (Supreme Court Rule 14.1(c).) Sample includes a table of contents (page numbers need to be filled in).
  • Procedural Questions. Be sure to review FDAP's memoranda on Blakely-Cunningham cert petitions from Feb. 2006 and Aug. 2005.
  • IFP Application. Motion for leave to proceed IFP must precede and be attached to cert. petition; sample is immediately below.
  • Service. S. Ct. rules require service on parties, i.e. AG & any co-appellant. Service on appellate project required before compenation approved.
  • Proof of Service. The proof of service must accompany, but be separate from, the petition. Rule 29.5. Sample is two documents below.
  • Check back periodically as this information and the samples may be updated.
  • Detailed filing and service requirements available here; Supreme Court rules available here.

Motion for Leave to Proceed IFP (for cert. pet.) (posted 3/3/06) (orig. & 10 copies required; must precede and be attached to cert. petition; requires financial affidavit from petitioner; More detailed filing and service requirements found here).

Spanish translation of financial affidavit from petitioner -- NOTE: You must send a signed English version of the affidavit with your IFP motion.  You do not need to send the Spanish version of the affidavit to the Court at all.  Therefore, provide the Spanish translation to the client so that s/he understands the English version, and instruct the client in a Spanish cover letter that s/he must sign the English version under penalty of perjury.

Declaration/Proof of Service (for cert. pet.) (posted 3/11/06)

  • Must accompany, but be separate from, cert. pet.
  • Supreme Court needs original only; no copies required for court.
  • Only first class mail is required.
  • Sample includes optional language for use of certified mail and/or return receipt requested mail. Strike or unbold that language as appropriate.
  • Rule 29.5 of Supreme Court Rules governs proof of service.

Petition for Certiorari in Abeyta v. California, no. 05-5747: DSL upper term. Atty: T. Mulay. (posted 8/13/05)  

Post-Black Generic/Sample Petition for Writ of Certiorari: DSL upper term. (posted 8/13/05)

Post-Black Sample Petition for Review: DSL upper term. (posted 7/21/05)

Appellant's Post-Black Sample Opening Brief : DSL upper term. (posted 7/2/05)

Appellant's Opening Brief : DSL upper term; consecutive sentences; addresses waiver, prejudice, double jeopardy on remand (People v. Hughes, no. A104380 (posted 9/29/04)

Appellant's Supreme Court Opening Brief on Merits: DSL upper term (People v. Towne, no. S125677 (posted 9/1/04)

Model Motion for Leave to File Supplemental Blakely Brief: Upper-term/aggravating-factors issue noted in motion. (posted 8/19/04)

Attorney General's Answering Brief: DSL upper term; recidivist & non-recidivist aggr. factors. Waiver and harmless error addressed. (posted 8/10/04) Note: file is quite large (10.8 MB) and may be slow to download. n/a n/a

Model Habeas Corpus Petition for filing in cases which were not final on direct review when Blakely was decided (posted 7/21/04)

Suppl. Letter Brief in Support of Petition for Review: DSL upper term (People v. Towne, no. S125677 (rev. gr. June 14, 2004); atty: S. Hier) (posted 7/15//04)

Rehearing petition: DSL upper term/non-recidivist factors only/jury trial/also short consecutive sentencing argument. (Wilson, A102205; atty: G. Brownell) (posted 7/13//04) Update: answer requested 7/15/04; Rehearing granted 7/20/04)

Supplemental AOB: DSL upper term/non-recidivist factors only/jury trial/insufficient evidence under reasonable doubt standard. (Cunningham, A103501; atty. P. Gold) (posted 7/9/04)

Pet. for Review: DSL Upper Term/Non-Recidivist Factors Only/Guilty Plea (Smith, nos. S126046 and A102077; atty. K. Fitzgerald) (posted 7/2/04) Note: Pet. filed pre-review grant in Towne; reference to such grant of review should be addded.

AOB: Insufficiency of Evid. in Support of Current Conduct Agg. Factor (Tewolde, A106273; atty. J. Soglin) (posted 7/2/04)

AOB: DSL Upper Term/Non-Recidivist & Recidivist Factors/Guilty Plea (Tewolde, A106273; atty. J. Soglin) (posted 7/2/04)

More to come...      


Copyright © 2015 First District Appellate Project. All rights reserved