In re Sweeden

California Court of Appeal Mar 24, 1953 No. Crim. No. 868Published

AI Brief

AI-generated · verify before citing

Holding. The court denied the petition for a writ of habeas corpus, finding the petitioner's claims were addressed in a related case and that challenges to probation revocation orders should first be directed to the revoking court.

Issues

Whether the trial court acted arbitrarily in revoking the petitioner's probation.
Whether habeas corpus is the appropriate initial remedy for challenging a probation revocation order.

Disposition. Denied

Quotations verified verbatim against the opinion

“The contentions here made are sufficiently discussed and fully answered in that case.”

“In re Davis, 37 Cal.2d 872 [236 P.2d 579], holds that the validity of such an order, when reviewed by habeas corpus, should first be sought from the revoking court.”

THE COURT. Petitioner seeks a writ of habeas corpus, alleging generally the same facts related in People v. Jimmie Sweeden, Jr., Crim No. 937, ante, p. 891 [254 P.2d 899], this day decided. He here cites the same authorities and advances the same reasons there advanced as grounds for his release under this writ. He expresses the claim that the trial court acted arbitrarily in revoking his probation order.

The contentions here made are sufficiently discussed and fully answered in that case. In addition, In re Davis, 37 Cal.2d 872 [236 P.2d 579], holds that the validity of such an order, when reviewed by habeas corpus, should first be sought from the revoking court.

[914]I

In re Sweeden

AI Brief

More from California Court of Appeal

Related research

AI Brief