Legal Question in Appeals and Writs in California

In a dependency proceeding which is quasi criminal in nature,

(1) Can I apply the U.S. Constitution Article 3 Section 2 to file a petition for writ of Habeas Corpus in CA State Supreme Court in case that the case involves parties in a foreign country and in a different state if the trial was held in CA?

U.S. Constitution Article 3 Section 2 - Original Jurisdiction, Jury Trials

In all Cases affecting Ambassadors, other public Ministers and Consuls, and THOSE IN WHICH A STATE SHALL BE PARTY, the supreme Court shall have original Jurisdiction.

(2) If not, should I file the petition with the U.S. Supreme Court instead of U.S. district court? The defendant is not an U.S. citizen who can apply for CALIFORNIA PENAL CODE �1016.5.

(3) Can the CA Supreme court hold a jury trial too? Does "those in which a state shall be party" include foreigners who are not citizens of the state where the trial was held in?

Thank you so much.


Asked on 8/15/13, 4:54 am

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

I think you are way over your head. I can see no way but maybe I missed some facts here but not sure how Habeas Corpus would apply. This is a state court action...I might have missed something

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Answered on 8/15/13, 9:43 pm


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