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Jackson v. Superior Court, H035137

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By FindLaw Staff on November 04, 2010 3:23 PM

Challenge to the superior court's order granting a motion for reconsideration of its prior order granting petition for writ of habeas corpus

Jackson v. Superior Court, H035137, concerned a defendant's petition for writ of mandate and/or prohibition, seeking vacatur of the superior court's order granting a motion for reconsideration of its prior order granting a petition for writ of habeas corpus from defendant's convictions for aggravated sexual assault on a child and child endangerment.

 

 

In denying the petition, the court held that the superior court has inherent power to reconsider and vacate an order granting a petition for writ of habeas corpus within the 60-day time period for the People to file an appeal from the order, as long as no appeal has yet been filed.  Thus, the court held that, on the facts of this case, the superior court acted within its discretion in granting reconsideration of its order granting the petition for writ of habeas corpus.

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