Prisoner may use peremptory challenge on judge who initially reviews a habeas corpus petition to decide whether to issue order to show cause. A prisoner who files a habeas corpus petition is entitled to be informed of the name of the judge who will initially review the petition to determine whether it states a prima facie case warranting issuance of an order to show cause. The prisoner is also entitled to challenge that judge under CCP 170.6 since the judge resolves a contested issue of law in deciding whether the petition states a case of sufficient merit to warrant issuance of an order to show cause.
California Supreme Court (Cantil-Sakauye, C.J.); November 7, 2016; 2016 WL 6575146