Sec. 6.5. Habeas corpus petitions unrelated to appellate district
A Court of Appeal should ordinarily deny, without prejudice, a petiton for a writ of habeas corpus that is based primarily on facts occurring outside the appellate district. These include petitions that question (1) the validity of judgments or orders of trial courts located outside the appellate district, and (2) conditions of confinement or the conduct of correctional officials outside the appellate district.
When a petition is denied solely on this basis, the order should so state and indicate the appropriate court in which to file the petiton.
Sec. 6.5 adopted effective January 1, 1985.
Drafter's Notes
1984-This new section was adopted to encourage a Court of Appeal receiving a petition for writ of habeas corpus that has no factual connection with the appellate district to deny the petition without prejudice and notify the petitioner of the appropriate court in which to file the petition.