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If your petition is rejected, then your case moves to the California Court of Appeal, and possibly the California Supreme Court. 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.
A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the persons imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
Hear this out loud Pause[2] A habeas corpus application is used by persons who feel they are being wrongfully detained. Upon application, the individual is brought before a judge who will determine whether the detainment is lawful. Provincial courts must hear these applications quickly. Habeas Corpus - Centre for Constitutional Studies constitutionalstudies.ca 2019/07 habeas- constitutionalstudies.ca 2019/07 habeas-
For example, if an individual was convicted on the basis that their skin color matched that of the perpetrator ing to eyewitnesses, but there is no other evidence against them, then the individual can appeal for habeas corpus in order to be freed from imprisonment.
Hear this out loud PauseA writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum). Writ of Habeas Corpus | U.S. Marshals Service usmarshals.gov criminal-process writ-of- usmarshals.gov criminal-process writ-of-
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Hear this out loud PauseSection 9 Powers Denied Congress No Bill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State. Section IX | U.S. Constitution Annotated | US Law | LII / Legal cornell.edu article-1 section-9 cornell.edu article-1 section-9
Hear this out loud PauseThe President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. Article II | Browse | Constitution Annotated | Library of Congress congress.gov browse article-2 congress.gov browse article-2
Article I, Section 9, Clause 2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

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