In Re Vallery

By petition for writ of habeas corpus, filed in the first instance in the California Supreme Court, petitioner, Raynard Vallery, seeks to recall remittitur and vacate the order dismissing his appeal in People v. Vallery, Second District No. B045376, and seeks the reinstatement of said appeal. The appeal was dismissed on October 11, 1990, for Vallery’s failure to file an opening brief. (Cal. Rules of Court, rule 17(a).) The Supreme Court ordered the Director of Corrections to show cause before this court why relief should not be granted.

After consideration of the papers filed in the writ proceeding and in the appeal, we treat the petition for writ of habeas corpus as an application to recall remittitur, vacate the order of dismissal and reinstate the appeal, and conclude that relief is appropriate (Cal. Rules of Court, rule 25(d)) on the ground that an inadvertent oversight of the clerk of this court in conjunction with a series of institutional failures by the Department of Corrections resulted in the denial of appellate counsel to petitioner and undue restrictions on his right of reasonable access to the courts. (See People v. Wells (1968) 261 Cd.App.2d 468, 472 [ 68…