What is the effect of a prefiling order requiring a trial court to consider a motion for habeas corpus?
California, United States of America
The following excerpt is from Bittaker, In re, 55 Cal.App.4th 1004, 64 Cal.Rptr.2d 679 (Cal. App. 1997):
4 Despite the fact the trial court was required to assess the merits of the petition before refusing to file it under the prefiling order, we direct the trial court to file the petition and evaluate it in accordance with habeas corpus procedure. (People v. Duvall, supra, 9 Cal.4th at pp. 474-479, 37 Cal.Rptr.2d 259, 886 P.2d 1252.)
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