Can a referee be appointed to adjudicate on the merits of a habeas corpus petition?
California, United States of America
The following excerpt is from In re Cabrera, F059511 (Cal. App. 2011):
4.This question is significant because where material facts are in dispute, the reviewing court may appoint a referee and order the referee to hold an evidentiary hearing to resolve the factual disputes. (People v. Duvall, supra, 9 Cal.4th at p. 478.) In contrast, where the material facts are not disputed, the merits of the habeas corpus petition can be decided without an evidentiary hearing. (Ibid.)
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