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At the Lectern

Habeas corpus judge papering opinion filing Monday; first opinion in seven weeks

November 4, 2016

Monday morning, the Supreme Court will file its opinion in Maas v. Superior Court, which was argued on the early-September calendar.

Maas raises a procedural issue:  Does Code of Civil Procedure section 170.6 permit a peremptory challenge to be asserted, before an order to show cause has issued, against a judge who is assigned to assess a petition for writ of habeas corpus?  But, the case’s route to the Supreme Court is of procedural interest itself; uncommonly, review was granted on the court’s own motion.

Maas will be the first Supreme Court opinion in seven weeks.  That drought is normal for this time of year.

The opinion can be viewed Monday starting at 10:00 a.m.

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