California | Appeals and Writs
Legal Question
This is a highly technical question. I am presently being assisted by the Innocence project in California to try and reopen my criminal case and present new evidence of factual innocence. The first and major obstacle I face is standing. Habeas Corpus would be a typical and likely procedure in this instance however, I am no longer in any t ype of recognizable custody. I was discharged from parole 4 years ago. Approximately, one year ago the alleged victims and primary prosecution witnesses have written declarations that they lied at trial regarding the alleged crimes I was to have committed. Problem is: There does not appear to be a procedure statutorily or possibly even in equity, to reopen my case because I am no longer in custody. Does anyone know of a procedural angle I can use to present my case? FYI, the charge was 288 child molestation of biological children. Accusations arised during a divorce and I have always held my innocence. I do have to register as a sex offender in California pursuant to PC 290. Recent Court opinion has declared PC290 as insufficient to show constructive custody for habeas Corpus. I may have to approach legislators to amend the law if we cannot find available staturory or equitable procedural law. The question: How can I reopen my case to present newly disvcovered evidence and not be in constructive custody? Thank you
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