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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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Old 03-22-2015, 08:43 AM
sidewalker sidewalker is offline
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Default Appeal and habeas corpus

APPEAL AND HABEAS CORPUS

Appeal
California defendants are entitled to one appeal and to the appointment of an attorney on appeal if they are indigent. There are six appellate districts in California. See the map here: http://www.courts.ca.gov/courtsofappeal.htm. The dockets in each case can be viewed here: http://appellatecases.courtinfo.ca.gov. Once you know which which appellate district the case is in, you can look up the case by case number, the defendant’s name, or the attorney’s name. The appellate courts’ unpublished and published decisions in recently decided appeals are posted here: http://www.courts.ca.gov/opinions.htm. If you want to learn more about an attorney, you can do a member search on the California State Bar website here: http://members.calbar.ca.gov/fal/Mem...ch/QuickSearch.

Habeas Corpus
A petition for a writ of habeas corpus on the state level provides an avenue for relief from unlawful custody when the appeal is inadequate. A state habeas corpus petition may be filed in the Superior Court, the Court of Appeal, or the California Supreme Court. The form is available here: http://www.courts.ca.gov/documents/mc275.pdf

The Prison Law Office’s handbook on state habeas corpus is here: http://www.prisonlaw.com/pdfs/STATEHABEAS2008.pdf

A writ of habeas corpus filed in the federal District Court provides an avenue for federal court review of federal constitutional issues that have been previously raised in the California Supreme Court. Each of the three District Courts has a slightly different form and instructions. The Central District’s pro se habeas packet is here: http://tinyurl.com/n4fne7, the Northern District’s is here: http://www.cand.uscourts.gov/civilforms, and the Southern District’s is here: http://tinyurl.com/lo9yaz3.

The Prison Law Office’s information on federal habeas corpus is here:
http://www.prisonlaw.com/pdfs/FEDHABEAS.pdf

There is no public access to the dockets in federal cases except for the Supreme Court which is here: http://www.supremecourt.gov/docket/docket.aspx.



*special thank you to Sarita88 for the updated info
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