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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