In re Hochberg

In In re Hochberg (1970) 2 Cal.3d 870, the defendant initially petitioned the Supreme Court for habeas corpus relief, claiming ineffective trial counsel. The court, pursuant to section 1508, subdivision (a), issued the writ, returnable before the Superior Court of Los Angeles County in order to permit resolution of factual questions. The superior court held an evidentiary hearing at which petitioner presented uncontradicted testimony which supported her claim and the People presented no evidence. At the conclusion of the hearing, the court expressly declined to decide the issue of effectiveness of trial counsel, stating that the issue should have been raised on appeal and was not a proper ground for habeas corpus. Thereafter, defendant filed another petition for habeas corpus in the Supreme Court and an order to show cause returnable there was issued. At the Supreme Court level, the People presented factual matter in opposition to the claim of ineffective counsel. The Hochberg court ruled that the People were not entitled to a second evidentiary hearing after waiving their right below. But it did "appraise" the People's evidence in connection with its independent review of the records and concluded that even accepting the evidence ineffective counsel was shown. ( Id., at pp. 878-879.)