Can a defendant appeal from an order asserted to be nonappealable by the Attorney General be considered a petition for writ of habeas corpus or petition for the writ of mandate?

California, United States of America


The following excerpt is from People v. Jones, B251204 (Cal. App. 2014):

Thus, were we to conclude the order was not appealable, we could nevertheless consider defendant's appeal to be a petition for writ of habeas corpus or petition for writ of mandate and address its merits in the interest of judicial economy and due to uncertainty in the law. (See People v. Segura (2008) 44 Cal.4th 921, 928, fn. 4 [treating appeal from an order asserted to be nonappealable by the Attorney General as a petition for writ of habeas corpus]; Drum v. Superior Court (2006) 139 Cal.App.4th 845, 853 [treating untimely appeal as petition for writ of mandate due to uncertainty in the law respecting appealability of the orders in question].) In the instant case, we agree with the

Page 7

Other Questions


Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
Does the Court of Appeal have jurisdiction to deny without prejudice a habeas corpus petition from a defendant who has not filed a petition in the proper lower court? (California, United States of America)
What are the findings of the Court of Appeal on the appeal of a motion of appeal against an order requiring the Attorney General to produce a copy of the Plaintiff's file? (California, United States of America)
Does Attorney General Jeff Sessions have to appeal from an order after judgment where he was ordered to pay attorney fees? (California, United States of America)
In a petition for a rehearing of the Superior Court of Appeal, what is the Attorney General's argument that defendant's arguments are not cognizable on appeal? (California, United States of America)
Does the Attorney General have been granted leave to file an informal response to a petition for writ of habeas corpus? (California, United States of America)
Does the Attorney General have the authority to ask the Court of Appeal to consider the merits of a motion brought before it on an appeal? (California, United States of America)
Does the Attorney General have grounds to appeal against the Court of Appeal's finding that a defendant has a reasonable doubt in the mind of one juror? (California, United States of America)
Does the Attorney General have the authority to deny an appeal because the Defendant failed to identify as an issue on appeal the fact she was improperly induced to enter her plea? (California, United States of America)
What time has it taken for the Attorney General to respond to a habeas corpus petition? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.