Legal Question in Appeals and Writs in California

juvenile dependency law

if you have court-appointed appellate counsel for extrodinary writ, she is only entitled to do writ, can i do petition for habeas corpus or would that create a conflict to the appellate court. also, can i apply to the supreme court first instead of the appellate court.


Asked on 8/20/00, 3:35 am

1 Answer from Attorneys
David Beauvais David J. Beauvais

Re: juvenile dependency law

I think the best approach would be to discuss what you intend to do with your court-appointed counsel so that you are not working at cross-purposes. The Supreme Court will usually deny a petition for writ of habeas corpus that has not been presented to lower courts. Usually, it is necessary to file first in the superior court. If denied there, then go to the court of appeal. In some cases, you may bypass the superior court. This can happen if the issues raised in the petition are related to a pending appeal. Your court-appointed attorney can guide you best on what you should do.

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Answered on 9/25/00, 4:08 pm


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