Is a habeas corpus hearing included in the proceedings in which an indigent criminal defendant is entitled to appointed counsel?

California, United States of America


The following excerpt is from Charlton v. Superior Court, 156 Cal.Rptr. 107, 93 Cal.App.3d 858 (Cal. App. 1979):

Our inclusion of the habeas corpus hearing within those proceedings in which an indigent criminal defendant is entitled to appointed counsel is supported by the recent opinion in Polakovic v. Superior Court (1972) 28 Cal.App.3d 69, 104 Cal.Rptr. 383, wherein the court held that Penal Code section 987.2 encompassed the requirement of the payment of attorney's fees for appointed counsel for pursuing writs of prohibition and mandate relative to Penal Code sections 999a and 1538.5 proceedings, determining that in filing for extraordinary writs the attorney was representing the defendant in a "criminal trial, proceeding or appeal" (at p. 72, 104 Cal.Rptr. 383).

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