In Re Sena

Good Law
115 Cal. Rptr. 2d 22·2001 Cal. App. LEXIS 3374·2001 D.A.R. 13·2001 Daily Journal DAR 13127·94 Cal. App. 4th 836
Court of Appeal of CaliforniaDecember 20, 2001B153471California1,801 words

Opinion

Opinion

Yegan, J.

Caught in a dispute reminiscent of a tennis match between the Los Angeles and San Luis Obispo Superior Courts, petitioner meritoriously contends that his petition for writ of habeas corpus should be adjudicated in Los Angeles. Game, set, and match; not to San Luis Obispo, but to petitioner and all inmates similarly situated who are entitled to timely decisions on petitions for writs of habeas corpus.

Petitioner is serving a 15-year-to-life sentence imposed by the superior court in the County of Los Angeles for a second degree murder committed there. He is incarcerated in San Luis Obispo County. The Board of Prison Terms denied parole. Petitioner filed a petition for writ of habeas corpus in the Los Angeles Superior Court challenging the parole decision. The Los Angeles Superior Court transferred the petition to the County of San Luis Obispo. The Superior Court of San Luis Obispo transferred the matter back to Los Angeles. Los Angeles again transferred the matter back to San Luis Obispo.

Petitioner adequately demonstrates that similar petitions for writs of habeas corpus are being transferred to counties where the inmate is confined upon parole denial. We issued an order…

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