Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE / CHAPTER 1. Of the Writ of Habeas Corpus
California Codes

Cal. Penal Code § 1476 (2026)

✓ current as of May 2026
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Any court or judge authorized to grant the writ, to whom a petition therefor is presented, must endorse upon the petition the hour and date of its presentation and the hour and date of the granting or denial of the writ, and must, if it appear that the writ ought to issue, grant the same without delay; and if the person by or upon whose behalf the application for the writ is made be detained upon a criminal charge, may admit him to bail, if the offense is bailable, pending the determination of the proceeding.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1958–2023 · leading case: People v. Romero, 883 P.2d 388 (Cal. 1994).
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People v. Romero, 883 P.2d 388 (Cal. 1994). · cites it 2× “(Pen. Code, § 1476.) The role that the writ of habeas corpus plays is largely procedural.”
In Re Lewallen, 590 P.2d 383 (Cal. 1979). · cites it 2× “[2] We emphasize our disapproval of the practice of setting out in a return to an order to show cause mere general denials of a habeas corpus petition's allegations. Because the issuance of an order to show cause reflects the issuing court's determination that the petition…”
In Re Smiley, 427 P.2d 179 (Cal. 1967). · cites it 2× “] Moreover, this court may admit a petitioner to bail pending determination of habeas corpus proceedings (Pen. Code, § 1476), and it would be unreasonable to hold that we lack jurisdiction to issue the writ merely because another court has released him on bail after the filing…”
In Re Petersen, 331 P.2d 24 (Cal. 1958). · cites it 2× “) [4, 5] Moreover, this court may admit a petitioner to bail pending determination of habeas corpus proceedings (Pen. Code, § 1476), and it would be unreasonable to hold that we lack jurisdiction to issue the writ merely because another court has released him on bail after the…”
In Re Crow, 483 P.2d 1206 (Cal. 1971). “After a full hearing, the superior court concluded that habeas corpus would lie, accepted the deputy district attorney’s suggestion, and determined that petitioner was entitled to a new trial under Penal Code section 1202.”
Reaves v. Superior Court, 22 Cal. App. 3d 587 (Cal. Ct. App. 1971). · cites it 2× “Cal. Penal Code, § 1476, § 1483. Here again Thomas was denied due process—that of the state.”
In Re Sena, 2001 Cal. Daily Op. Serv. 10576 (Cal. Ct. App. 2001). “, Pen. Code, § 1476.) (3) A petition for writ of habeas corpus challenging denial of parole is subject to summary denial for procedural reasons.”
People v. Super. Ct. (Reagan) (Cal. Ct. App. 2020). “(Pen. Code, § 1476 [“Any court or judge authorized to grant the writ, to whom a petition therefor is presented .”
(PC) Caetano v. Bd. of State & Cmty. Corr. (E.D. Cal. 2023). “) Plaintiff states that “is the ground [he] brought 22W-0085A based upon 26 a CIA front company out of Hawai’i named ISA-Intelligent Solutions Advisory-47 page report 27 9409 on the inadmissibility of PCR DNA evidence because it is ‘synthetic remanufactured’ 1 admission to bail…”
In re Best, 143 Cal. App. 3d 1038 (Cal. Ct. App. 1983). “(Pen. Code, § 1476.) The Department of Corrections is ordered to recompute petitioner’s sentence giving him credit for 75 days actually served plus appropriate Penal Code section 4019 credits.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.