One of the many ways a convicted individual may seek to challenge a criminal conviction is through a petition for writ of habeas corpus, which is typically used to challenge a conviction based on some information which was not part of the normal record in the case. In California, reasons for granting a petition for writ of habeas corpus are: newly discovered evidence, challenging false evidence, jury misconduct, and a variety of other issues.
A petition for writ of habeas corpus is generally filed in the trial court where the case was initially heard, and an order denying the petition may be challenged under many circumstances on appeal. In Federal Court, many rules now limit a petitioner’s ability to seek habeas corpus relief, since the enactment of the federal Anti-terrorism and Effective Death Penalty Act of 1996.
If you or someone you know is seeking to attack a prior conviction through a petition for writ habeas corpus, it is critical you act immediately to secure your rights, and contact an attorney familiar with the applicable laws in this highly specialized area. We at RAAB | MAHONEY are available for immediate consultation.