Does a defendant have to file a separate petition for writ of habeas corpus?
California, United States of America
The following excerpt is from People v. Cowie, B296955 (Cal. App. 2019):
Defendant requests leave to file a petition for writ of habeas corpus in this proceeding in order to raise issues unrelated to the trial court's denial of his section 1170.95 petition, including ineffectiveness of trial counsel. To the extent defendant attempts to raise facts and circumstances not raised below and not at issue in this proceeding, he should file a separate petition for habeas relief. (See People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267.)
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