Opinion
S266147
02-08-2021
HAMILTON (GEORGE) ON H.C.
The petition for writ of habeas corpus is denied.
This denial is without prejudice to petitioner filing in the Kern County Superior Court a petition for writ of habeas corpus challenging his current conditions of confinement. This court recognizes that the reported number of active COVID-19 cases at the Kern Valley State Prison has increased substantially since December 14, 2020, when the instant petition for writ of habeas corpus was filed with this court, including over 850 cases and six deaths in December and January. (Evid. Code, § 452, subds. (c), (h); Cal. Dept. of Corrections and Rehabilitation, Population COVID-19 Tracking (Feb. 8, 2021) ＜https://www.cdcr.ca.gov/covid19/population-status-tracking/＞ [as of Feb. 8, 2021].)
If such a petition is filed, the superior court is hereby reminded that, as set forth in prior orders of this court, it is to engage all available procedural tools to ensure the timely and fair resolution of the issues that may be presented. (See Marshall v. Superior Court, S263043, Supreme Ct. Mins., July 15, 2020, p. 908; National Association of Criminal Defense Lawyers v. Newsom, S261827, Supreme Ct. Mins., May 4, 2020, pp. 592-593.)
Liu and Cuéllar, JJ., are of the opinion an order to show cause should be issued.