Legal Question in Appeals and Writs in California
The Supreme Court in CA opined moot when I filed petition for review for the habeas corpus (before trial) denied by the appellate court.
In October, 2012, the U.S. Supreme Court reversed the decision of the court of appeals. Because respondent did not preserve her suit from �mootness�, her suit was appropriately dismissed for lack of subject-matter jurisdiction at the trial court. (Genesis Healthcare Corp. v. Symczyk 656 F. 3d 189 (2012))
I filed petition for Habeas Corpus (after trial) with the appellate court to terminate jurisdiction of the case that is moot with the Prima Facie evidence warranting relief. However, the appellate court summarily denied the Habeas Corpus. Other than petition for review for the denied Habeas Corpus, I think it is proper to file a petition for a peremptory writ of mandamus, prohibition and certiorari with the Supreme court to void the appellate court's decision which is against mootness not just because the filing due is only 10 days from the denied Habeas Corpus but also because mandamus is more appropriate in this case. If I am wrong, please let me know. Thanks.
1 Answer from Attorneys
Your question does not make any sense. You need to consult with an appellate attorney ASAP. He or she will be able to figure out what is going on in your case and what options you might have.
Good luck.
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