Legal Question in Appeals and Writs in California

Filing of habeas petition in los angeles county superior court

I pled no contest to California Penal Code section 653m(a) on 10-1-02. I am currently serving a three-year informal probation, due to expire 10-1-05.

A federal habeas petitioner convicted under the statute in 2002 is currently in District Court (San Francisco) after having exhausted his state appeals. If the petitioner prevails and the statute is declared unconstitutional on its face, may I file my own habeas writ in state court and cite the federal court decision? I understand that any such reference would be deemed persuasive, but not binding, on a state court.

My ultimate objective would be to have my conviction vacated.

Thank you.


Asked on 6/05/05, 4:19 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Filing of habeas petition in los angeles county superior court

Your probation will be up in 120 days, and your arrest and conviction will then be eligible for expungement under PC 1203.4 . You won't get a habeas petition heard by then, probably the other habeas petitioner you mentioned won't have a decision by then. So unless you have some special reason why 1203.4 relief is not good enough, for example you want to be a police officer or more easily obtain a government security clearance, why bother with a habeas petition.

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Answered on 6/05/05, 4:25 pm


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