In re Bernson (1917) · DecisionDepot

In re Bernson

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Court of Appeal Nov 19, 1917 No. Crim. No. 580Published

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Holding. The court held that habeas corpus is not an available remedy for a petitioner who voluntarily submits to imprisonment for the sole purpose of challenging the validity of an order holding them to answer for trial.

Issues

Whether habeas corpus is available to a petitioner who voluntarily submits to imprisonment to test the validity of a commitment order.

Disposition. Dismissed and petitioner remanded.

Quotations verified verbatim against the opinion

“the imprisonment of the petitioner from which he seeks to be discharged was voluntarily submitted to by him for the purpose of presenting in this proceeding the question as to the validity of the order”

“the remedy by habeas corpus should not be available to him.”

Synopsis

APPLICATION for a Writ of Habeas Corpus, originally made to the District Court of Appeal for the Second Appellate District.

THE COURT. It appears to the court that the imprisonment of the petitioner from which he seeks to be discharged was voluntarily submitted to by him for the purpose of presenting in this proceeding the question as to the validity of the order holding him to answer to the superior court for trial, and for that reason the remedy by habeas corpus should not be available to him.

Upon the authority of In re Gow, 139 Cal. 242, [73 Pac. 145], Ex parte Schmitz, 150 Cal. 663, [89 Pac. 438], and Ex parte Ford, 160 Cal. 334, [Ann. Cas. 1912D, 1267, 35 [345]L. R A. (N. S.) 882, 116 Pac. 757], it is ordered that the proceeding be and it is hereby dismissed, and petitioner is remanded to the custody of the sheriff.

In re Bernson

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