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).

 

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