A writ of habeas corpus may be sought in either state or federal court to collaterally attack an order or judgment.  Among other things, it may be used to vacate a judgment of conviction, to obtain a remand for a new trial when right to counsel has been denied, or to correct a sentencing error.[141]  If the conviction is vacated as legally invalid through use of habeas corpus, it may not be used at all against the defendant for immigration purposes.[142]

[141] Penal Code § § 1473‑1508; see, e.g., In re Hochberg (1970) 2 Cal.2d 870, 879, 87 Cal.Rptr. 681 (new trial); In re Culberth (1976) 17 Cal.3d 330, 335, 130 Cal.Rptr. 719 (sentencing error).  See also Cal. Rules of Court 260, concerning habeas corpus procedure in superior courts.

[142] See Section II of this chapter, supra; K. Brady, § 8.20.

Other

CAL POST CON " VEHICLES -- MANDATE
Blakely v. Sup. Ct., No. G042107 A petition for a writ of mandate challenging the trial court's order affirming the Board of Parole Hearings' determination that petitioner is a mentally disordered offender is granted as the California Department of Corrections and Rehabilitation violated the mandatory deadline for MDO evaluations and certification prior to release on parole under Pen. Code section 2962(d)(1).