In re Browns, F092135 — Court allows belated appeal and orders clerk to treat timely received notice as timely filed

Case
In re Browns
Court
5th District Court of Appeal
Judge
Levy; Meehan; Guerra
Date decided
2026-10-27
Docket No.
F092135
Topics
habeas corpus, constructive filing, belated appeal, writ of mandate, notice of appeal, appellate record
Source
Mirrored from lexcalifornia.com

Disposition notice

Anthony Browns sought permission to file a belated notice of appeal under the constructive filing doctrine. The respondent did not oppose the request, and the Fifth District Court of Appeal concluded Browns was entitled to relief. The court granted leave to file a notice of appeal in Kings County Superior Court action No. 25CM0872B on or before 60 days from the date of its October 27, 2026 order. It also ordered a writ of mandate directing the superior court clerk to file the request, treat it as timely filed, and prepare the appellate record under the applicable California Rules of Court if the request was received by that deadline. The opinion is final forthwith as to the Court of Appeal. The original order is attributed to "THE COURT*"; the same-page asterisk identifies Levy, Acting Presiding Justice, Meehan, and Guerra as the panel. The order gives no further factual or merits analysis beyond constructive filing and non-opposition.

Read the public order

✉️ Get tomorrow’s cases before your first coffee
Daily Case Law is our free morning digest — the most substantive new decisions, filtered to your jurisdictions and topics, each linking back here for the full analysis.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top