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For example, habeas corpus petitions in California can only be filed if the person is already in custody. In most states, judges will deny a habeas corpus case if the petition does not bring up any new evidence. The most common habeas corpus examples involve: Violation of rights or involuntary plea.

You will file a Habeas Corpus petition in California if you are arguing that your conviction violated a state law, or that a California law is unconstitutional.

Thus, to succeed in bringing a habeas corpus claim, you must first establish that your claim is properly before the court and then prove the merits of your underlying claim. In general, anyone can file a petition for writ of habeas corpus challenging their conviction or sentence.

Common arguments for granting a habeas corpus petition include: You had incompetent legal counsel or a competent attorney was not provided. ... You were convicted under an unconstitutional law; You were convicted under a law that has since been changed, so what you did is no longer considered a crime;

Filing a Petition for Writ of Habeas Corpus If an inmate meets all the requirements to file a petition for writ of habeas corpus, they will file their petition in the superior court in the court of conviction.

Writ of habeas corpus is in nature of collateral attack on a judgment upon which commitment has issued, and would lie only when the judgment under attack was absolutely void because the court which rendered the judgment was without jurisdiction. Orosco v. Cox, 1965-NMSC-098, 75 N.M. 431, 405 P. 2d 668.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.