In what circumstances would the Attorney General dismiss a petition brought by a plaintiff against an order requiring her lawyers to produce a new set of documents to challenge the order?

Although the lawyers were either ignorant of or wrong about the law (People v. Jenkins (1975) 13 Cal.3d 749, 753-754), the Attorney General would excuse them on procedural grounds and hold petitioner responsible for her lawyers' shortcomings. In other words, the Attorney General would have us dismiss the petition because the challenge comes too late or the issue should have been decided on direct appeal. Ironically, it was petitioner who attempted to challenge the order at each step in the process, and it was the lawyers who failed or refused to raise the challenge. As a result, the procedural hurdles the Attorney General argues should block petitioner's habeas corpus proceedings before us are, we believe, part and parcel of her ineffectiveness claim.

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