Legal Question in Appeals and Writs in California

Is it possible to file a writ of habeas corpus without the assistance of an attorney?


Asked on 1/09/10, 10:07 am

3 Answers from Attorneys

Yes. Some famous habeas cases were filed by "jailhouse lawyers," including Gideon v. Wainwright which established the right to a court appointed attorney. Bear in mind, however, that Clarence Earl Gideon lost every step of the way until a famous lawyer named Abe Fortas (who later became a Supreme Court Justice himself) took on the case when it got to the U.S. Supreme Court level. So unless you have a history making case, you might want to find an attorney.

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Answered on 1/14/10, 10:29 am
Edward Hoffman Law Offices of Edward A. Hoffman

Yes. But unless you went to law school and worked either as or for a lawyer, you probably won't be able to write a good petition. If you can afford a lawyer, get one. If you can't but your case is strong, you may be able to find a lawyer who will represent you for free.

Good luck.

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Answered on 1/14/10, 10:30 am
PATRICK MCCRARY PATRICK MCCRARY

Of course it is possible. It is also possible for me to remove my own appendix, but that wouldn't be wise and would not give me the best chance for survival. Most attorneys do not handle appeals, even on the cases that they litigated, appellate rules are quite different. Good Luck, Pat McCrary

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Answered on 1/14/10, 11:47 am


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