Cal. Rules of Court, rule 8.398 · Article 2. Appeals From Superior Court Decisions in Death Penalty-Related Habeas Corpus Proceedings
Finality
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) General rule
Except as otherwise provided in this rule, rule 8.366(b) governs the finality of a Court of Appeal decision in a proceeding under this article.
(b) Denial of certificate of appealability
The Court of Appeal's denial of an application for a certificate of appealability in a proceeding under this article is final in that court on filing.
Notes and commentary — not rule text
History
Rule 8.398 adopted effective April 25, 2019.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/eight/rule8_398
- Text hash
- sha256 a4813bad6afb21d7c103b52ee6c42e810784c1bdced2907705bcd9603f4a6320
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
California Rules of Court
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.