Can a motion under section 1054.9 be made in anticipation of filing a petition for habeas corpus?
California, United States of America
The following excerpt is from Estrada v. Superior Court, E071750 (Cal. App. 2019):
A motion under section 1054.9 may be made in anticipation of filing a petition for habeas corpus, but before the petition is actually filed. (In re Steele (2004) 32 Cal.4th 682, 691.) We review section 1054.9 rulings under the abuse of discretion standard. (Kennedy v. Superior Court (2006) 145 Cal.App.4th 359, 366.)
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