Director: PRISON LAW OFFICE Donald Specter General Delivery, San Quentin, CA 94964-0001 Telephone (510) 280-2621 Fax (510) 280-2704 Managing Attorney: www.prisonlaw.com Sara Norman Staff Attorneys: Rana Anabtawi Steven Fama Alison Hardy Sophie Hart Corene Kendrick Rita Lomio Margot Mendelson Thomas Nosewic Shira Tevah Camille Woods CALIFORNIA STATE COURT PETITIONS FOR WRIT OF HABEAS CORPUS (revised June 2019) Your Responsibility When Using the Information Provided Below: When putting this material together, we did our best to give you useful and accurate information because we know that people in prison often have trouble getting legal information and we cannot give specific advice to all who ask for it. The laws change often and can be looked at in different ways. We do not always have the resources to make changes to this material every time the law changes. If you use this information, it is your responsibility to make sure that the law has not changed and still applies to your situation. Most of the materials you need should be available in your facility’s law library. TABLE OF CONTENTS 1. What is a Petition for Writ of Habeas Corpus? ............................................................................... 2 2. Who Can File a State Habeas Corpus Petition? ............................................................................... 3 3. Do I Have to File a CDCR 602 or other Administrative Appeal Before I File a Petition? ...... 4 4. Can I Use a Petition to Challenge My Criminal Conviction or Sentence, Parole or PRCS or Probation Revocation, or SVP or MDO Commitment? ................................................................ 6 5. Can I Use a Petition to Try to Solve Problems I am Having in Prison or on Parole? .............. 9 6. Can I Use Habeas Corpus to Get Money Damages for Personal Injuries or Lost or Damaged Property? .............................................................................................................................................. 10 7. I Already Filed a Petition. Can I File Another One? .................................................................... 10 8. Is There a Time Limit for Filing a Petition? ................................................................................... 10 Board of Directors Penelope Cooper, President Michele WalkinHawk, Vice President • Marshall Krause, Treasurer Harlan Grossman • Christiane Hipps Margaret Johns • Cesar Lagleva Jean Lu Laura Magnani Michael Marcum Ruth Morgan Seth Morris Vishal Shah Prison Law Office p. 2 State Court Petitions for Writ of Habeas Corpus (revised June 2019) 9. Do I Have to Use a Special Form? How Do I Fill Out the Form? ............................................ 12 10. What Documents Should I Attach to Support My Petition? ........................................................ 14 11. Can I Get the Court to Appoint Me a Lawyer at No Cost to Me? .............................................. 15 12. My Problem is Urgent! Can I Get the Court to Act Quickly? ..................................................... 16 13. In What Court Should I File the Petition? ....................................................................................... 17 14. How Do I File the Petition? .............................................................................................................. 18 15. Do I Have to Serve (Send) Copies of the Petition on Anyone When I File It? ........................ 18 16. What Will the Court Do When It Gets My Petition? .................................................................... 19 17. Will the Other Side Have a Chance to Tell the Court Their Position? ....................................... 20 18. Will I Be Allowed to Submit Any Other Legal Briefs in the Case? ............................................. 20 19. Will the Court Grant Discovery (Require Additional Information) or Hold an Evidentiary Hearing? ................................................................................................................................................ 21 20. Will I or My Lawyer Have an Opportunity to Present an Oral Argument to the Court? ........ 22 21. When and How Will The Court Announce Its Decision? ............................................................ 22 22. If the Court Grants My Petition, Can the Other Side Ask for Reconsideration or Appeal? ... 23 23. If the Court Denies My Petition, What Can I Do? ........................................................................ 23 24. If the Court of Appeal Denies My Petition, Can I Take My Case to the California Supreme Court? .................................................................................................................................................... 25 25. If My Petition is Denied at All Levels of the California Courts, Can I Bring My Issue in Federal Court? ...................................................................................................................................... 28 Flow Chart of State Habeas Corpus Process ............................................................................................... 29 California State Court Addresses and Attorney General’s Offices Addresses ....................................... 30 Sample Proof of Service .................................................................................................................................. 36 HC-001 Form 1. What is a Petition for Writ of Habeas Corpus? State court petitions for writ of habeas corpus are useful legal actions for people in California prisons and on California parole. California habeas corpus actions have a broad scope: “Every person unlawfully imprisoned or restrained of his liberty, under any pretense, may prosecute a writ of habeas corpus to inquire into the cause of his or her imprisonment or restraint.”1 State habeas corpus petitions 1 Penal Code § 1473(a); see also California Constitution, Article 1, § 11 (“Habeas corpus may not be suspended unless required by public safety in cases of rebellion or invasion”). Even a person who has been declared a vexatious litigant under Code of Civil Procedure § 391 still has the right to file a petition for writ of habeas corpus without any additional procedural barriers. In re Bittaker (1997) 55 Cal.App.4th 1004, 1006 [64 Cal.Rptr.2d 679]. Prison Law Office p. 3 State Court Petitions for Writ of Habeas Corpus (revised June 2019) can be used for both criminal law issues and prison or parole law issues, and can be based on state law, federal law, or both. The process is fairly simple and speedy. If a state habeas case reaches a certain stage, the court is required to appoint a free lawyer for a person who wants a lawyer but cannot afford one. Be aware that federal court habeas corpus petitions are not the same as state court habeas petitions. Federal habeas petitions are used for more limited purposes (reviewing challenges to criminal convictions, parole revocations, and civil commitments that have been denied by the state courts), can only be based on federal law, and have different rules and procedures. If you want information about federal habeas corpus, send a request to Prison Law Office, General Delivery, San Quentin, CA 94964. Information is also in The California Prison and Parole Law Handbook (Prison Law Office, 2019), which should be in prison law libraries. The Handbook and other information are also on the Prison Law Office website at www.prisonlaw.com, under the Resources tab. This manual explains how someone without a lawyer can file a petition for writ of habeas corpus in the California state courts. The information focuses on petitions filed by people in California prisons or on parole in California. This information may also be helpful to people in California county jails, in California state hospitals, or on probation, post-release community supervision (PRCS), or mandatory supervision. Note that lawyers who file petitions for their clients may be subject to different or additional requirements. At the end of the manual there is a state habeas corpus petition flow chart, as well as the standard habeas corpus form, a sample proof of service, and court address lists. Additional information is also available in The California Prison and Parole Law Handbook (Prison Law Office, 2019), which should be in prison law libraries. The Handbook and other information are also on the Prison Law Office website at www.prisonlaw.com, under the Resources tab. 2. Who Can File a State Habeas Corpus Petition? Any person who is “in custody” of California state or local officials may file a state petition for writ of habeas corpus about the legality of the custody or the conditions of the custody. If you are in state prison, county jail, or juvenile detention you are “in custody.” You are “in custody” if you have been committed to a state hospital under Sexually Violent Predator (SVP) or Mentally Disordered Offender (MDO) laws.2 You are in custody if you are on conditional release, such as parole, post- release community supervision (PRCS), mandatory supervision, or probation.3 Even if you are physically in another state or in a federal facility you may still be in California “custody” if the custody is authorized by the State of California, such as if you are serving a California criminal sentence or 2 People v. Qawi (2004) 32 Cal.4th 1, 12-13 [7 Cal.Rptr.3d 780] (person classified as MDO challenged involuntary medication via habeas corpus); People v Johnson (2015) 235 Cal.App.4th 80, 88 [185 Cal.Rptr.3d 135] (SVP