WHAT IS THE DIFFERENCE BETWEEN A PETITION FOR WRIT OF HABEAS CORPUS AND AN APPEAL?
When you file an appeal with the appellate court, you are limited to the record on appeal. The court will refuse to consider any other evidence except that which was introduced at the trial or pretrial proceedings. When petitioning for a Writ of Habeas Corpus, the petition presents additional evidence … evidence that is not part of the record on appeal. Such evidence is presented by way of declarations, reports, records, etc. In preparing a Petition for Writ of Habeas Corpus, it is not unusual to retain the services of a private investigator to interview witnesses, locate documents and undertake whatever other steps were omitted by trial counsel. In determining a Petition for Writ of Habeas Corpus, the court will consider new and different evidence than that which was contained in the record on appeal. Contact Ms. Klein abbyklein@socalcriminaldefense.
