Legal Question in Appeals and Writs in California

Re: Writ of habeas corpus

There is a standard form to use for state habeas petitions in California. It is available online free of charge, though this web site does not have a way for me to post a link to it.

As you say, you would need to cite the decision invalidating the statute. You would also need to explain why that decision applies to your case. Depending upon what the decision says there might be some very subtle nuances to this argument; thus, even though the procedure is fairly simple the argument you will need to make might not be. You should have a lawyer prepare the petition if possible. If you can't afford to retain a lawyer, you might want to at least pay for a consultation to get some pointers.

You will want to file the petition with the same court in which you entered your plea. California law allows you to file it with the Court of Appeal or the Supreme Court instead, but there is no good reason to do so and you can always turn to those courts later if the trial court turns you down.

And don't worry about whether the decision will be published. I have never heard of a federal judge failing to publish a decision which declared a statute unconstitutional.