certificate of probable cause in Exhibit C. (See Pen. Code, § 1240.1; 528 Roe, supra, U.S. at p. 484; 30 Cal.4th at p. 652; 10 Cal.3d at p. 88.) Chavez, supra, Benoit, supra, deprive the client of his day in court for no fault of his own seems to be a result to “[T]o be avoided if possible.” (In (1962) 58 Cal.2d 133, 139.) It is policy of re Martin “[t]he appellate courts . . . hear appeals upon the merits and to avoid, if possible, all ‘to forfeiture of substantial rights upon technical grounds.’” (Ibid.) CONCLUSION For above reasons, defendant asks this court to: Issue a writ of habeas corpus permitting him to file in the trial court a [1.] request for a certificate of probable cause. [; and] [2. Stay appeal No. [number] pending this court’s ruling on this petition to avoid piecemeal briefing.] Dated: Respectfully submitted, [Attorney name] Attorney for Petitioner/Defendant
certificate of probable cause in Exhibit C. (See Pen. Code, § 1240.1; Roe, supra, 528 U.S. at p. 484; Chavez, supra, 30 Cal.4th at p. 652; Benoit, supra, 10 Cal.3d at p. 88.) “[T]o deprive the client of his day in court for no fault of his own seems to be a result to be avoided if possible.” (In re Martin (1962) 58 Cal.2d 133, 139.) It is “[t]he policy of appellate courts . . . ‘to hear appeals upon the merits and to avoid, if possible, all forfeiture of substantial rights upon technical grounds.’” (Ibid.) CONCLUSION For above reasons, defendant asks this court to: [1.] Issue a writ of habeas corpus permitting him to file in the trial court a request for a certificate of probable cause. [; and] [2. Stay appeal No. [number] pending this court’s ruling on this petition to avoid piecemeal briefing.] Dated: Respectfully submitted, [Attorney name] Attorney for Petitioner/Defendant
Certificate_of_Probable_Cause_Benoit.docx