Can a defendant's mental impairment be determined in a habeas corpus petition?
California, United States of America
The following excerpt is from People v. Montes, 169 Cal.Rptr.3d 279, 320 P.3d 729, 58 Cal.4th 809 (Cal. 2014):
Defendant acknowledges the trial court did not determine the extent of his asserted mental impairment and, as a result, those factual questions can be determined only in a habeas corpus petition. ( People v. Leonard, supra, 40 Cal.4th at p. 1428, 58 Cal.Rptr.3d 368, 157 P.3d 973.)
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