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(California Criminal, Juvenile, Civil Commitment, and Related Cases)
This page deals with challenges to a judgment or order after judgment in California criminal cases charged as a felony, juvenile delinquency and dependency proceedings, involuntary civil commitments, and related appeals and writs. (In general, these cases involve the right to appointed counsel.) Cases in other jurisdictions, proceedings before judgment, and appeals and writs in ordinary civil cases, misdemeanors, infractions, small claims, and other cases are not included and often have different deadlines and rules.
Below are a few links to documents and other resources that might be helpful in starting and understanding an appeal, taking a case further if your attorney does not, and preparing documents that you must file on your own.
STATE APPEALS (CALIFORNIA)
Strict 60-day filing deadline: In the types of cases covered on this page, you have 60 days from the judgment or appealable order to file a notice of appeal. This time limit is VERY STRICT. (See California Rules of Court, rules 8.308, 8.400 (d)-(g), 8.480(a).)
Notice of appeal: Below are notice of appeal forms for particular types of cases and instructions for completing them.
General information about appeals: If you have an appeal pending, here is a document called Understanding Your Appeal.
Briefs and other documents: There is no constitutional right to represent yourself on appeal in a criminal case. (Martinez v. Court of Appeal of California, Fourth Appellate Dist. (2000) 528 U.S. 152 [120 S. Ct. 684, 145 L. Ed. 2d 597].) If you are represented by counsel, counsel must file briefs, motion, and most other documents on your behalf; for the most part, you do not have a right to file them yourself. (In re Barnett (2003) 31 Cal.4th 466, 469.) If you want to file a document on your own, it is advisable first to discuss your plan with your counsel.
Exception if attorney files no-issue brief or letter in non-dependency case: If your attorney in a non-dependency case has informed the Court of Appeal he or she could find no issues for appeal, the Court of Appeal will issue an order permitting you to file your own supplemental brief. In dependency cases, this order is optional – follow your attorney’s instructions carefully. Your brief need not be a formal brief; it can be a letter. You should do your best to make legal arguments and give references to the appellate transcripts. You should send it directly to the Court of Appeal.
Petition for review in California Supreme Court: If you have completed your appeal in the Court of Appeal and your counsel has indicated he or she will not be filing a petition for review, then this document may be helpful: Petition for Review Information for Clients.
Petition for certiorari in United States Supreme Court: If you or your attorney has filed a petition for review in the California Supreme Court raising federal constitutional rights and you now want to take those issues up to the United States Supreme Court, you can get information and guidance on the high court’s website. The deadline is 90 days from the denial of a petition for review by the California Supreme Court. (If review was granted, different deadlines apply. Check with your attorney or Appellate Defenders, Inc.)
DEPENDENCY WRITS (Rules 8.450-8.456)
To get appellate court review of the trial court’s decision to set a permanency planning hearing under Welfare and Institutions Code section 366.26, or any orders made in the proceeding where the decision was made, a party must file a notice of intent to file a writ petition and then a petition. (Cal. Rules of Court, rules 8.450-8.456.) These writ proceedings have very short deadlines. A form for the notice of intent, JV-820, is on the court website. In most cases, dependency writ proceedings are handled by trial counsel, not by Appellate Defenders, Inc., appointed counsel. Consult with trial counsel or the juvenile court judge for more information.
PETITION FOR WRIT OF HABEAS CORPUS IN STATE COURT
Form: If you have decided to file a petition for a writ of habeas corpus in state court because your counsel has told you that you will need to do it on your own or because you have no attorney, here is the form to use in state court: MC-275 Petition for Writ of Habeas Corpus. (California Rules of Court, rules 4.551, 8.380.)
Counsel: There is no right to have an attorney appointed to prepare a petition for a writ of habeas corpus, but if the court issues an “order to show cause” after you have filed your petition, then you can ask for an attorney.
Where to file: Generally you should first file a habeas corpus in the superior court where the proceedings took place, if you are challenging those proceedings. If your petition is denied in the superior court, you then can file a petition with the same issues in the Court of Appeal. If that is unsuccessful you may file a petition for review in the California Supreme Court (or another habeas corpus petition). Consult with Appellate Defenders, Inc., when in doubt.
One petition per case: For the most part, you will be allowed to file only one habeas corpus petition challenging the judgment, under what is called the “successive petition rule.” So you should raise all issues you want to raise in your first petition.
Timeliness: Although there is no set time limit for filing a habeas corpus petition, promptness is important. A court can decide not to consider your petition if you waited unreasonably long. Any significant delay should be explained.
More information: Chapter 8 of the Appellate Defenders, Inc., California Criminal Appellate Practice Manual has additional information.
PETITION FOR WRIT OF HABEAS CORPUS IN FEDERAL COURT
Strict time limit: There generally is a VERY STRICT time limit for filing a habeas corpus petition attacking a state judgment in federal court. After your petition for review in the California Supreme Court is denied, you have one year and 90 days to file it. (28 U.S.C. 2244(d)(1).) Remember that all claims must be “exhausted” by being raised in all the state courts (superior court, Court of Appeal, and Supreme Court), before they can be brought to federal court.
Form: If you want to bring federal claims from your appeal and/or state habeas proceedings to federal court, here are the forms and instructions for filing a federal habeas corpus petition.
More information: Chapter 9 of the Appellate Defenders, Inc., California Criminal Appellate Practice Manual has additional information.
RESOURCES FOR ADDITIONAL INFORMATION
Prison Law Office: Information about challenging prison conditions and additional information about filing state and federal habeas corpus petitions can be found in the Prisoner’s Handbook and other resources published by the Prison Law Office, which are available in many prison law libraries and on the Prison Law Office website.
Other types of cases: As explained at the start, this page does not cover proceedings before judgment and appeals and writs in ordinary civil cases, misdemeanors, infractions, and other cases. It also does not cover proceedings in federal court (except habeas corpus petitions challenging a state judgment) or in the courts of other states. Proceedings not covered by this page often have different deadlines and rules. The California courts website has forms and rules for use in California courts, as well as self-help guidance for some types of cases. The Fourth Appellate District has a guide for self-represented parties in ordinary civil appeals; for the most part it does not apply to the types of cases covered on this page.
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