This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Habeas Corpus Act Originated From In Alameda
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State:
Multi-State
County:
Alameda
Control #:
US-000277
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State every ground (reason) that supports your claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground. Any legal arguments must be submitted in a separate memorandum.
State every ground (reason) that supports your claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground. Any legal arguments must be submitted in a separate memorandum.
Thus, to effectively file a writ of habeas corpus in California state court, an inmate must have been convicted and either serving a sentence of incarceration, probation or parole. They must have also filed a direct appeal to the appellate court and then to the California Supreme Court.
Typical examples where a court has granted a habeas corpus petition include claims of new evidence discovered in the case, ineffective assistance of counsel, prosecutorial misconduct, incompetence to stand trial, and challenging conditions of confinement.
A number of people arrested and detained throughout the country sought writs of habeas corpus before the courts. He wanted them released through writs of habeas corpus, a right hitherto granted only to human prisoners.
The court must rule on a petition for writ of habeas corpus within 60 days after the petition is filed. (B) If the court fails to rule on the petition within 60 days of its filing, the petitioner may file a notice and request for ruling.
The habeas corpus first originated back in 1215, through the 39th clause of the Magna Carta signed by King John, which provided "No man shall be arrested or imprisoned...except by the lawful judgment of his peers and by the law of the land," English courts began actively considering petitions for habeas corpus in 1600.
If your petition is rejected, then your case moves to the California Court of Appeal, and possibly the California Supreme Court. 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.
The court must rule on a petition for writ of habeas corpus within 60 days after the petition is filed.
More info
There is an official form (Judicial Council Form HC-001) for filing a state petition for writ of habeas corpus. Habeas Corpus (State) (for Jail Conditions or Sentence).To file a habeas action, send the court the following items: â–« Your original, completed petition form. The Writ of Habeas Corpus protects prison inmates from false imprisonment to ensure people are not thrown into jail unlawfully. The law in the area is an intricate weave of statute and case law. LawHelp Interactive is a website that helps you fill out legal documents for free. Alameda County Public Defenders are all licensed attorneys. They come from some of the finest law schools in the country. This court has jurisdiction over civil rights, criminal, admiralty, bankruptcy appeals, and habeas corpus cases. Alameda County District Attorney's Office University of California, Berkeley - School of Law.