California, United States of America
The following excerpt is from In re Kelvin CANNON, 85 Cal.Rptr.3d 770 (Cal. App. 2009):
[3] [4] Instead of dismissing the habeas corpus petitions for failure to demonstrate a violation of inmate rights, the trial court treated them as though they were petitions for a writ of mandamus and evaluated the prison's compliance with and interpretation of its own regulation. It is the writ of mandate, not habeas corpus, that is the traditional remedy for the failure of a public official to perform a legal duty. ( Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 442, 261 Cal.Rptr. 574, 777 P.2d 610.) On appeal, the warden has implicitly acceded to this treatment of the petitions, raising only the contention that the trial court exceeded its proper role by substituting its own judgment for that of the prison.
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