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MAAS v. SUPERIOR COURT

No. D064639.

232 Cal.App.4th 169 (2014)

181 Cal. Rptr. 3d 320

MICHAEL EUGENE MAAS, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

December 10, 2014.

Attorney(s) appearing for the Case

Russell S. Babcock , under appointment by the Court of Appeal, for Petitioner.

No appearance for Respondent.

Kamala D. Harris , Attorney General, Julie L. Garland , Assistant Attorney General, Peter Quon, Jr. , and Susan E. Miller , Deputy Attorneys General, for Real Party in Interest.

OPINION

In this case, we hold that where petitioner collaterally attacks his criminal convictions and sentences by way of a petition for writ of habeas corpus and the matter is assigned to a judge other than the original trial judge, petitioner may assert a peremptory challenge under Code of Civil Procedure section...

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