Legal Question in Appeals and Writs in California

A writ petition for mandamus, prohibition and certiorari was filed to request CA Supreme Court opine and void all former orders made by the court of appeals which is against the former opinion rendered by the Supreme Court for the same case. Prima Facie evidence warrants relief and publishing opinion is guaranteed by CAL. CONSTITUTION ARTICLE 6 �13 to opine for errors that petitioner complained of. However, the Supreme Court denied the petition summarily without a reason why it denied. May I file a motion for reconsideration? Or should I move forward to the U.S. supreme court? The original writ petition was about habeas corpus for a dependency court matter which I filed with the court of appeals. May I now move forward to the U.S. district court to file habeas corpus under �2254 as the state court of appeals denied it 6 months ago and the Supreme Court denied my petition for writ of mandamus, prohibition and certiorari about the denied Habeas Corpus today? If yes, do I have an obligation to provide the original certified transcripts to the U.S. district court if those are the exhibits which I submitted or can I ask the court of appeals to transfer to the U.S. district court? I am not interested in filing a petition for review for the matter (appeal) which was not stayed as the appeal did not include the prima facie evidence which was the ground to file habeas corpus. Thank you so much.


Asked on 11/26/13, 7:29 pm

1 Answer from Attorneys

Kelvin Green The Law Office of Kelvin Green

Your facts are confusing. You really need an appellate attorney review this.

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Answered on 11/26/13, 11:00 pm


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