Blog Jay Leiderman Law

Category Archives: habeas corpus

A Petitioner is entitled to competent privately retained counsel on Habeas Corpus. (In re Clark (1993) 5 Cal.4th 750, 780)  In addition to that, here, the ineffective assistance of counsel has denied the petitioner access to the courts.  The ineffective assistance of counsel claimed denied petitioner actual access to courts including the trial court, the […]

Notice of habeas corpus petition To the Court of Appeal of the State of California, ______ District, Division ____, the _____ County District Attorney, the Attorney General for the State of California, the Warden of _____ State Prison; please take notice that: Pursuant to Article VI, section 10 and Article I, section 11 of the California Constitution and […]

Trial Counsel failed to do any investigation into the mitigating facts of this case.  There was no evidence of good character or mental illness provided to the court. Petitioner’s trial attorneys failed to raise any issue about petitioner’s mental health at any time.  This would have served to explain the context in which these crimes […]

The fugitive disentitlement doctrine is discussed in detain in the case of People v. Kang (2d Dist. 2003) Cal.App.4th 43, the court recognized, in achieving a different result that: “If it is essential to vindicate judicial authority, the prosecution may charge Kang with failure to appear pursuant to Penal Code section 1320.5, although the penalty […]