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. Simply put, a writ of habeas corpus calls into question the continued incarceration of an individual.Habeas corpus is a legal instrument that allows you to contest your incarceration, conviction, or sentencing conditions. Latin for "that you have the body. The Writ of Habeas Corpus protects prison inmates from false imprisonment to ensure people are not thrown into jail unlawfully. To be allowed to petition for a Writ of Habeas Corpus, you must first "exhaust your remedies. The U.S. Supreme Court interprets the Constitution, which means it defines constitutional rights and violations in the cases it decides. A writ of habeas corpus is a petition that an individual uses to challenge their conviction or sentence in California. This petition, called a writ of Habeas Corpus, is filed in Federal Court (US District Court ) whether you are serving time in a federal or state prison. Generally, an individual seeking to challenge his or her criminal conviction through a habeas petition must do so in a "timely fashion.