California Court of Appeal

On appeal from a superior court's order granting a petition for a writ of habeas corpus, the order is reversed with directions to deny the petition, where the superior court lacked the authority to grant relief because: 1) the petition was premature, in that it did not concern whether the petitioner was currently unlawfully restrained, but only whether he might be unlawfully restrained in the future; and 2) the petitioner had failed to exhaust his administrative remedies under Penal Code section 5077 and 15 Cal. Code Regs. Section 3084.1.

Appellate Information

• Decided 01/24/2012
• Published 01/24/2012

Judges

• Mihara

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Kamala D. Harris, Traci S. Mason