Does the Court have jurisdiction to review habeas corpus proceedings on appeal from the Superior Court?

California, United States of America


The following excerpt is from Schiering, In re, 154 Cal.Rptr. 847, 92 Cal.App.3d 429 (Cal. App. 1979):

Section 1506 of the Penal Code 1 extends to the appellate court jurisdiction to review habeas corpus proceedings on appeal from superior [92 Cal.App.3d 434] courts. ". . . 'Jurisdiction is vested by the constitution in the court, not in a particular judge or department. . . .' (Citations.) . . ." (Thomasian v. Superior Court (1953) 122 Cal.App.2d 322, 331, 332, 265 P.2d 165, 170.) Thus, habeas corpus proceedings, whether decided in the appellate department acting in its capacity as the superior court or any other department of the superior court, are subject to review by this court.

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