Q: Court of appeals held/granted (In Re Mohammed) on 12/2/19 can C.D.C.R not follow ruling pending ca supreme decision?
C.D.C.R is not doing what court have ruled and instructed them to do in this decision but using the excuse that they are waiting for the Ca. Supreme court to make a 2nd ruling. Can c.d.c.r do such a thing? This case is HOLDING. Shouldn't c.d.c.r do what the courts have told them to do regardless/pending the Ca
Supreme court ruling? Or until the Ca supreme court over rules lower courts decision? The court of appeals did not specify (wait or lets see that the higher court says) but ordered c.d.c.r to change its policy..please see case law as reference and help me to or how to address this issue for I have a relative who is now intitled to such relief under this ruling yet c.d.c.r is using this excuse.
Thank you for your help.
A: First of all, I am not a California attorney. But I would think that the Court of Appeals should follow its decision, perhaps you should file a motion with the Court of Appeals stating that its decision has been on hold for nearly six months, and it's time to enforce it: the CDCR should change its policy immediately (but I don't know the details of the case). However, the intermediate appeals courts have held their decisions waiting for the high court to rule on the same or similar issue in another case, although that is rare. Try the motion I suggested and see if the Court of Appeals will grant it.
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