Introduction to habeas corpus writ

Jay Leiderman
By: Jay Leiderman
December 08 2016

Notice of habeas corpus petition

To the Court of Appeal of the State of California, ______ District, Division ____, the _____ County District Attorney, the Attorney General for the State of California, the Warden of _____ State Prison; please take notice that:

Pursuant to Article VI, section 10 and Article I, section 11 of the California Constitution and Penal Code section 1473, and In re Clark (1993) 5 Cal.4th 750 n.7, petitioner [defendant’s name] seeks this Court’s writ of habeas corpus to relieve him of his wrongful criminal convictions and/or sentence and his unlawful confinement in the California Department of Corrections and Rehabilitation’s (“CDCR”) _______ State Penitentiary. Petitioner’s confinement is unlawful for the reasons and on the grounds stated in this petition and in Petitioner’s separately filed Memorandum of Points and Authorities, and supported by the attached exhibits, the declarations attached hereto, and the files and records in this matter, as well as any oral argument that may supplement this petition and any exhibits, declarations or the link filed subsequent to this petition as a result of the ongoing investigation.

HABEAS CORPUS
Known as “the great writ” habeas corpus petitions are the last refuge of an unjustly incarcerated prisoner

What is a habeas corpus petition?

Latin for “that you have the body.” In the US system, federal courts can use the writ of habeas corpus to determine if a state’s detention of a prisoner is valid. A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person’s imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody. It can also be used to examine any extradition processes used, amount of bail, and the jurisdiction of the court.

See, e.g. Knowles v. Mirzayance 556 U.S.___(2009), Felker v. Turpin 518 US 1051 (1996) and McCleskey v. Zant 499 US 467 (1991).

 

9 thoughts on “Introduction to habeas corpus writ

  1. Ode to Legalese, by Judge Kevin Emas
    It’s a special day indeed when a sitting appellate judge contributes some verse to our site. Judge Kevin Emas’s lively poem was selected as the winner of the Dade Bar Bulletin Poetry Contest in September 1990. And how true it remains!

    Dade Bar Bulletin 09/1990

    ODE TO LEGALESE

    English, some say, is the tongue of the day,
    From Burma, to Bonn, to Tabriz,
    But lawyers who toil, in the midnight oil,
    Know the true choice is Legalese.

    It’s fine to be clear when a layman is near,
    Or you need to collect on your fees,
    But when suing a landlord, defending a drug lord,
    Our minds fill with Legalese.

    “Wherefore, to-wit,” we’ll never admit,
    We’re shoveling it up to our knees,
    So we wink and we smile, the lawyers beguile,
    To save face with Legalese.

    No defense to a claim of intent to defame?
    Argue law or your equities,
    But if you’re in doubt, whip your best pleading out,
    And re-write it in Legalese.

    Some lawyers have clamored, they’ve hollered and hammered,
    To rid the world of this disease,
    But it mutates and changes, frustrates and deranges,
    And lives on as Legalese.

    Someday I suppose, with enough angry foes,
    They’ll do in our loquacious pleas,
    But give silent devotion, ’cause there just ain’t no motion,
    Like one done in Legalese.

    Kevin M. Emas
    Judge, Third District Court of Appeal
    Miami, Florida
    Lawyer, Attorney, Law Firms, Attorneys, Legal Information. Lawyers.com
    http://www.lawyers.com/

  2. My Elephant That’s not my elephant you see right there in the garden. Mine is in the prison where he’s waiting for a pardon. That one in the garden is a charming one named Ella. Mine just steals spaghetti off my plate; Obnoxious fella! Second graders like to come watch Ella spray the roses. At MY elephant those kids just simply thumbed their noses. Ella waters all the flowers, helping out our town. George (that’s mine), behind cell bars, just sits and wears a frown. But he’s been attending inmates’ classes -Monday nights. And his teacher taught him all about the Bill of Rights. He’s learned that his Miranda Rights were overlooked, and so. . . he made me find a lawyer and I found one in the know! So my unruly elephant is getting out real soon. A female has been writing him. He’s way over the moon! His lady likes to spray. He told me, “Carry an umbrella when you walk me down the aisle with my charming bride named Ella.”
    Clemency Project 2014
    https://www.clemencyproject2014.org/

  3. As I was goin’ over
    The Cork and Kerry Mountains
    I saw Captain Farrell
    And his money, he was countin’
    I first produced my pistol
    And then produced my rapier
    I said, “Stand and deliver or the devil he may take ya”

    I took all of his money
    And it was a pretty penny
    I took all of his money,
    Yeah, and I brought it home to Molly
    She swore that she loved me,
    No, never would she leave me
    But the devil take that woman,
    Yeah, for you know she tricked me easy

    Musha rain dum a doo, dum a da
    Whack for my daddy, oh
    Whack for my daddy, oh
    There’s whiskey in the jar, oh

    Being drunk and weary
    I went to Molly’s chamber
    Takin’ Molly with me
    But I never knew the danger
    For about six or maybe seven,
    Yeah, in walked Captain Farrell
    I jumped up, fired my pistols
    And I shot him with both barrels

    Yeah, musha rain dum a doo, dum a da, ha, yeah
    Whack for my daddy, oh
    Whack for my daddy, oh
    There’s whiskey in the jar, oh

    Yeah, whiskey, yo, whiskey
    Oh, oh, yeah
    Oh, oh, yeah

    Now some men like a fishin’
    But some men like the fowlin’
    Some men like to hear,
    To hear the cannonball roarin’
    Me, I like sleepin’,
    ‘Specially in my Molly’s chamber
    But here I am in prison,
    Here I am with a ball and chain, yeah

    Musha rain dum a doo, dum a da, heh, heh
    Whack for my daddy, oh
    Whack for my daddy, oh
    There’s whiskey in the jar, oh, yeah
    Whiskey in the jar, oh

    Musha rain dum a doo, dum a da
    Musha rain dum a doo, dum a da, hey
    Musha rain dum a doo, dum a da
    Musha rain dum a doo, dum a da, yeah

    TalkLeft: The Politics Of Crime
    http://www.talkleft.com/

    ACLU: Prisoners’ Rights – American Civil Liberties Union
    https://www.aclu.org/issues/prisoners-rights

  4. Partnerships Against Violence – PAVNET – currently offline
    Partnerships Against Violence (PAVNET) is a “virtual library” with information about violence and youth-at-risk, representing data from seven different federal agencies. Violence prevention professionals can communicate and share resources through the Pavnet mail group.
    URL: http://www.pavnet.org/

  5. Grateful Dead – Mama Tried Lyrics
    First thing I remember knowin’
    Was a lonesome whistle blowin’
    And a youngun’s dream of growin’ up to ride
    On a freight train leavin’ town,
    Not knowin’ where I’s bound
    No one could change my mind but mama tried

    One and only rebel child
    In a family meek and mild,
    Mama seemed to know what lay in store
    In spite of all my Sunday learnin’,
    For the bad I kept on turnin’
    Mama couldn’t hold me anymore

    [Chorus:]
    And I turned twenty one in prison
    Doin’ life without parole
    No one could steer me right
    But mama tried, mama tried,
    Mama tried to raise me better
    But her pleadin’ I denied,
    That leaves only me to blame ’cause mama tried

    Dear old daddy, rest his soul,
    Left my mom a heavy load
    She tried so very hard to fill his shoes
    Workin’ hours without rest,
    Wanted me to have the best,
    She tried to raise me right but I refused
    Prisoners in 2013 – Bureau of Justice Statistics
    Grateful Dead – Mama Tried Lyrics
    First thing I remember knowin’
    Was a lonesome whistle blowin’
    And a youngun’s dream of growin’ up to ride
    On a freight train leavin’ town,
    Not knowin’ where I’s bound
    No one could change my mind but mama tried

    One and only rebel child
    In a family meek and mild,
    Mama seemed to know what lay in store
    In spite of all my Sunday learnin’,
    For the bad I kept on turnin’
    Mama couldn’t hold me anymore

    [Chorus:]
    And I turned twenty one in prison
    Doin’ life without parole
    No one could steer me right
    But mama tried, mama tried,
    Mama tried to raise me better
    But her pleadin’ I denied,
    That leaves only me to blame ’cause mama tried

    Dear old daddy, rest his soul,
    Left my mom a heavy load
    She tried so very hard to fill his shoes
    Workin’ hours without rest,
    Wanted me to have the best,
    She tried to raise me right but I refused
    Prisoners in 2013 – Bureau of Justice Statistics
    https://www.bjs.gov/content/pub/pdf/p13.pdf

  6. Crime Spider
    Crime Spider crawls the best crime and law enforcement sites and categorizes topics such as criminalistics, forensic anthropology, FBI, unsolved murders, homicide investigation techniques, child abuse, domestic violence, the death penalty, terrorism, criminal justice, law and courts, behavioral profiling, gang violence, juvenile crime, missing persons, serial killers or mass murderers, criminals, police, and crime scene photos.
    URL: http://crimespider.com/

  7. Finding the Right Immigration Solicitor…

    We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

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