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Cal. Rules of Court, rule 8.398 · Article 2. Appeals From Superior Court Decisions in Death Penalty-Related Habeas Corpus Proceedings

Finality

Verbatim from the official edition

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.

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.