California Court of Appeal

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In re Mille, B217102

Defendant's petition for habeas relief, challenging an 84-day delay in transferring him from a county jail to a state hospital after the superior court ordered the sheriff to transport the defendant for evaluation and treatment, is denied as moot as defendant is no longer in custody of the county jail or the sheriff, having been transferred to the hospital, and thus has received the relief requested in the petition. However, instead of denying defendant's initial petition for writ of habeas corpus filed on June 3, 2009, the trial court should have ordered the sheriff to deliver defendant promptly to the state hospital for evaluation and treatment, and this court should have granted the petition which defendant filed 23 days after he filed with the trial court.

Appellate Information

  • Decided 03/03/2010
  • Published 03/03/2010

Judges

  • KLEIN, P. J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Michael P. Judge, Public Defender, Colleen Chikahisa and John Hamilton Scott, Deputy Public Defenders, for Petitioner.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Douglas Press, Assistant Attorney General, Richard T. Waldow, Leslie P. McElroy, Jennifer M. Kim, Randall R. Murphy and Ernest Martinez, Deputy Attorneys General, for Respondent.
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