In re Robinson

Proposition 66's procedures for appealing the denial of a petition for a writ of habeas corpus from the superior court to the Court of Appeal apply to a petition originally filed with the Supreme Court prior to Proposition 66's enactment when the Supreme Court first referred part of the case to the superior court for fact finding and then, after Proposition 66's enactment, transferred the outstanding issues to the superior court "for adjudication."The Court of Appeal held that the Supreme Court invoked those procedures in transferring the outstanding issues to the superior court for adjudication. The court held therefore that this appeal from the superior court's denial of the petition was jurisdictionally proper. The order to show cause is discharged. View "In re Robinson" on Justia Law