Supreme Court of California

In a habeas corpus action, involving a petitioner's ability to peremptorily challenge a superior court judge assigned to examine the petition, the court held that: 1) the initial assessment of a petition for writ of habeas corpus requires a judge to hear 'a contested issue of law of fact' within the meaning of Code of Civil Procedure section 170.6; and 2) a petitioner who requests the name of the judge assigned to examine his or her habeas corpus petition is entitled to notice of that assignment and entitled to peremptorily challenge a superior court judge under section 170.6.

Appellate Information

• Published 2016/11/07

Judges

• CANTIL-SAKAUYE

Court

• Supreme Court of California

Counsel