WHAT IS INVOLVED IN FILING A PETITION FOR WRIT OF HABEAS CORPUS?
Preparation and investigation are the keys to habeas work. We begin by obtaining all of the records of previous counsel in the case and the trial court record. Ms. Klein thoroughly reviews these documents and determines what investigation, if any, needs to be done, whether an expert is needed and what other records or reports should be obtained. A Petition for Writ of Habeas Corpus requires the presentation of evidence to support your constitutional claim. This evidence can be in the form of sworn declarations, reports, records, medical or psychiatric histories, etc. The evidence required depends upon the nature of the claim you are making, i.e., ineffective assistance of counsel, prosecutorial misconduct, etc. Once the investigation has been conducted and the evidence gathered, legal research is done and the petition is then written and filed with the court. The prosecution is not required to respond unless directed or invited to do so by the court. You may then be permitted to file a
