Does a court have authority to release from detention of a petitioner who has not filed a habeas corpus petition?

California, United States of America


The following excerpt is from In re Von Staich, 270 Cal.Rptr.3d 128, 56 Cal.App.5th 53 (Cal. App. 2020):

Second, we question whether In re Head, supra, 42 Cal.3d 223, 228 Cal.Rptr. 184, 721 P.2d 65, In re Walters, supra , 15 Cal.3d 738, 126 Cal.Rptr. 239, 543 P.2d 607, and other cases authorizing the release from detention of a petitioner who sought and received habeas relief also authorize the release of similarly situated prisoners who did not file a habeas corpus petition. In Loveton , supra , 244 Cal.App.4th at page 1045, 198 Cal.Rptr.3d 514, we noted, after a "Cf." designation, the court's statement in Brown v. Plata, supra , 563 U.S. 493, 131 S.Ct. 1910, "in [the] prison administration context, that courts must not shrink from their obligation to "enforce the constitutional rights of all persons, including prisoners." [Citation.] Courts may not allow constitutional violations to continue simply because a remedy

[270 Cal.Rptr.3d 152]

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