File #: 18-137    Version: 1
Type: Form Proposal Status: Passed
File created: 8/8/2018 In control: Judicial Council
On agenda: 9/21/2018 Final action: 9/21/2018
Title: Criminal Procedure: Petition for Writ of Habeas Corpus (Action Required)
Attachments: 1. 20180921-18-137

Title

Title

Criminal Procedure: Petition for Writ of Habeas Corpus (Action Required)

 

body

Summary

Summary

The Criminal Law Advisory Committee recommends revising the Judicial Council form used by noncapital petitioners to petition for a writ of habeas corpus to update the form’s instructions on filing in the Supreme Court and Court of Appeal to reflect amendments to the appellate rules; replace or add authority that is more recent or more on point for the propositions they support; add language relevant to successive petitions and repetitive claims to include the court in which the petition is filed; and add citations as authority for the procedural bars of successiveness and repetitiveness.

 

body

Recommendation

Recommendation

The Criminal Law Advisory committee recommends that the council, effective January 1, 2019, revise form HC-001 to:

 

1.   Update the instructions regarding filing in the Supreme Court and Court of Appeal to reflect amendments to the appellate rules;

2.   Move the request in item 6(a) that the petitioner attach available documents supporting the claim to a new, standalone item 6(b) and reletter the current item 6(b) as item 6(c);

3.   Add a request as item 7(b) that the petitioner attach available documents supporting the claim, and reletter the current item 7(b) as item 7(c);

4.   Replace or add citations to authorities on the form with citations to authorities that are more recent or more on point for the propositions they support; and

5.   Clarify that the procedural bars against successive and repetitive petitions include petitions that are filed in the same court.