A writ of habeas corpus is a legal petition challenging the legality of the sentencing conditions or conviction of an inmate. The writ of habeas corpus can only be filed once they have exhausted all of their appeals. In this article, we will provide a general guide to the writ of habeas corpus, more information can be found in sections 1473 – 1508 of the California Penal Code.
Who Can File a Writ of Habeas Corpus?
There are three requirements for someone to be eligible to file a writ of habeas corpus:
- The person must be in custody
- They must have exhausted their appeals and other remedies
- The writ of habeas corpus must not be based on an issue already resolved by an appeal
What Is the Process of a Writ of Habeas Corpus?
A writ of habeas corpus is a legal petition that requires the warden or other public official to prove they have a valid reason for detaining the petitioner. It challenges the legal reason for detention.
The court will hold a hearing once they receive a writ of habeas corpus. During the hearing, both the government and the inmate will present evidence. The court will listen to this evidence and issue subpoenas if required.
If the hearing is successful, the judge may grant the following relief:
- Reduction of sentence
- An order to stop the illegal confinement conditions
- Release from prison
- Declaration of rights
A writ of habeas corpus is often the last resort for a detainee who believes they have suffered a miscarriage of justice. If the detainee simply disagrees with a judge’s ruling, then they should file an appeal.
How Do You File a Writ of Habeas Corpus?
The writ of habeas corpus must be filed with the court by a petitioner who meets the requirements listed above.
To meet the legal requirement of being in custody, the petitioner must be detained in county jail or state prison, be out on bail, probation, parole, or ROR pending trial.
In the writ of habeas corpus, the petitioner must state one of the following issues and detail the facts to support the issue:
- The law used to convict them is unconstitutional
- There was prosecutorial misconduct in the original trial
- They were incompetent to stand trial
- Changes have been made to the law since their conviction
- They did not have competent legal representation
- There is new evidence in the case which shows they are innocent
- They are experiencing unsafe conditions of confinement
In California, the writ of habeas corpus must be filed in a timely manner and while the petitioner is in custody.
What Happens If the Court Grants a Writ of Habeas Corpus?
If the court grants a writ of habeas corpus, they will send the government a court order to:
- Modify the sentencing conditions or sentence
- Reduce the charges
- Release the petitioner
If the court does not grant the petition, then the petitioner can file another writ of habeas corpus in federal court.
There are a number of steps that happen if a court discovers that the facts in the writ of habeas corpus are true. Often the government will have a chance to file a response (return), and then the petitioner will have another chance to respond to the government’s response (traverse). Once the traverse has been filed, the court will decide if it will set a hearing or not.
Examples of a Successful Writ of Habeas Corpus
Courts have granted a writ of habeas corpus for the following circumstances:
- Ineffective assistance of counsel
- The conviction was due to an unconstitutional law
- There is new evidence in the case
- The lower courts committed prosecutorial misconduct
- The laws that the charges are based upon have changed
- The petitioner was incompetent to stand trial
- The petitioner is experiencing challenging conditions of confinement
What Can I Do If My Writ of Habeas Corpus is Denied?
If the California state courts deny the writ of habeas corpus, then the petitioner can file a writ of habeas corpus in federal court. The laws for a writ of habeas corpus are much more strict in federal law. For example, the petitioner can only file if:
- Their custody violates federal laws or the US Constitution
- The courts made an obvious mistake in their case
- They have exhausted all possible remedies California state law provides