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
The following excerpt is from People v. Mendez, F070734 (Cal. App. 2016):
3. Although both trial courts and appellate courts have jurisdiction over habeas corpus petitions, reviewing courts have discretion to deny without prejudice a habeas corpus petition not filed first in the proper lower court. (People v. Seijas (2005) 36 Cal.4th 291, 307; People v. Crockett (2008) 159 Cal.App.4th 751, 757.) Should defendant seek to pursue a petition for habeas corpus, he should initially pursue it in the proper trial court.
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