What is the test for treating an appeal as a habeas petition?
California, United States of America
The following excerpt is from People v. Ham, B312245 (Cal. App. 2021):
As a reviewing court, we have the discretion to treat an appeal as an original habeas petition. (People v. Segura (2008) 44 Cal.4th 921, 928, fn. 4.) The question is whether we should exercise that discretion here.
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