California Appellate Tracker

Maas v. Superior Court

November 30, 2016

Prisoner may use peremptory challenge on judge who initially reviews a habeas corpus petition to decide whether to issue order to show cause.

A prisoner who files a habeas corpus petition is entitled to be informed of the name of the judge who will initially review the petition to determine whether it states a prima facie case warranting issuance of an order to show cause. The prisoner is also entitled to challenge that judge under CCP 170.6 since the judge resolves a contested issue of law in deciding whether the petition states a case of sufficient merit to warrant issuance of an order to show cause.

California Supreme Court (Cantil-Sakauye, C.J.); November 7, 2016; 2016 WL 6575146

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Maas v. Superior Court

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