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MC275 (Court) (California)

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MC–275
PETITION FOR WRIT OF HABEAS CORPUS
vs.
(To be supplied by the Clerk of the Court)
INSTRUCTIONS—READ CAREFULLY
If you are challenging an order of commitment or a criminal conviction and are filing this petition in the
Superior Court, you should file it in the county that made the order.
If you are challenging the conditions of your confinement and are filing this petition in the Superior Court,
you should file it in the county in which you are confined.
Read the entire form before answering any questions.
This petition must be clearly handwritten in ink or typed. You should exercise care to make sure all answers are true and correct.
Because the petition includes a verification, the making of a statement that you know is false may result in a conviction for perjury.
Answer all applicable questions in the proper spaces. If you need additional space, add an extra page and indicate that your
answer is ''continued on additional page."
If you are filing this petition in the superior court, you only need to file the original unless local rules require additional copies. Many
courts require more copies.
If you are filing this petition in the Court of Appeal in paper form and you are an attorney, file the original and 4 copies of the petition
and, if separately bound, 1 set of any supporting documents (unless the court orders otherwise by local rule or in a specific case). If
you are filing this petition in the Court of Appeal electronically and you are an attorney, follow the requirements of the local rules of
court for electronically filed documents. If you are filing this petition in the Court of Appeal and you are not represented by an
attorney, file the original and one set of any supporting documents.
Approved by the Judicial Council of California for use under rule 8.380 of the California Rules of Court (as amended effective
January 1, 2007). Subsequent amendments to rule 8.380 may change the number of copies to be furnished to the Supreme Court
and Court of Appeal.
Page 1 of 6
PETITION FOR WRIT OF HABEAS CORPUS
Penal Code, § 1473 at seq.;
Cal. Rules of Court, rule 8.380
www.courts.ca.gov
Form Approved for Optional Use
Judicial Council of California
MC-275 [Rev. January 1, 2017]
•
•
•
•
•
•
•
•
•
Notify the Clerk of the Court in writing if you change your address after filing your petition.
If you are filing this petition in the California Supreme Court, file the original and 10 copies of the petition and, if separately bound,
an original and 2 copies of any supporting documents.
Name:
Address:
CDC or ID Number:
(Court)
Petitioner
No.
Respondent
Were you represented by counsel in the trial court? If yes, state the attorney's name and address:
This petition concerns:
Why are you in custody?
Answer items a through i to the best of your ability.
What was the LAST plea you entered? (Check one):
If you pleaded not guilty, what kind of trial did you have?
PETITION FOR WRIT OF HABEAS CORPUS
MC-275 [Rev. January 1, 2017]
Page 2 of 6
1.
2.
3.
a.
b.
c.
d.
e.
f.
g.
h.
i.
4.
5.
MC–275
A conviction Parole
A sentence Credits
Jail or prison conditions Prison discipline
Other
(specify):
Your name:
Where are you incarcerated?
Criminal conviction Civil commitment
State reason for civil commitment or, if criminal conviction, state nature of offense and enhancements (for example, ''robbery
with use of a deadly weapon'').
Penal or other code sections:
Name and location of sentencing or committing court:
Case number:
Date convicted or committed:
Date sentenced:
Length of sentence:
When do you expect to be released?
Yes No
Not guilty Guilty Nolo contendere Other:
Jury Judge without a jury Submitted on transcript Awaiting trial
GROUNDS FOR RELIEF
Supporting facts:
Supporting cases, rules, or other authority (optional):
PETITION FOR WRIT OF HABEAS CORPUS
MC-275 [Rev. January 1, 2017] Page 3 of 6
6.
a.
b.
MC–275
Ground 1: State briefly the ground on which you base your claim for relief. For example, ''The trial court imposed an illegal
enhancement.'' (If you have additional grounds for relief, use a separate page for each ground. State ground 2 on page 4. For
additional grounds, make copies of page 4 and number the additional grounds in order.)
Tell your story briefly without citing cases or law. If you are challenging the legality of your conviction, describe the facts on
which your conviction is based. If necessary, attach additional pages. CAUTION: You must state facts, not conclusions. For
example, if you are claiming incompetence of counsel, you must state facts specifically setting forth what your attorney did or
failed to do and how that affected your trial. Failure to allege sufficient facts will result in the denial of your petition. (See In re
Swain (1949) 34 Cal.2d 300, 304.) A rule of thumb to follow is, who did exactly what to violate your rights at what time (when) or
place (where). (If available, attach declarations, relevant records, transcripts, or other documents supporting your claim.)
(Briefly discuss, or list by name and citation, the cases or other authorities that you think are relevant to your claim. If
necessary, attach an extra page.)
MC-275 [Rev. January 1, 2017]
PETITION FOR WRIT OF HABEAS CORPUS
Page 4 of 6
7.
a.
b.
MC–275
Ground 2 or Ground
(if applicable):
Supporting facts:
Supporting cases, rules, or other authority:
Were you represented by counsel on appeal? If yes, state the attorney's name and address, if known:
Did you appeal from the conviction, sentence, or commitment?
If yes, give the following information:
(2)
(3)
If yes, give the following information:Did you seek review in the California Supreme Court?
(2)
(3)
Administrative review:
Attach documents that show you have exhausted your administrative remedies.
8.
a.
b.
c.
d.
Issues raised: e.
f.
9.
a.
c.
Issues raised:
b.
d.
10.
11.
a.
Did you seek the highest level of administrative review available?
b.
MC–275
(1)
(1)
Yes
No
Name of court (''Court of Appeal'' or ''Appellate Division of Superior Court"):
Result:
Date of decision:
Case number or citation of opinion, if known:
Result: Date of decision:
Case number or citation of opinion, if known:
If your petition makes a claim regarding your conviction, sentence, or commitment that you or your attorney did not make on
appeal, explain why the claim was not made on appeal:
If your petition concerns conditions of confinement or other claims for which there are administrative remedies, failure to exhaust
administrative remedies may result in the denial of your petition, even if it is otherwise meritorious. (See In re Muszalski (1975)
52 Cal.App.3d 500.) Explain what administrative review you sought or explain why you did not seek such review:
MC-275 [Rev. January 1, 2017]
PETITION FOR WRIT OF HABEAS CORPUS
Page 5 of 6
Yes
No
Yes No
Yes No
Other than direct appeal, have you filed any other petitions, applications, or motions with respect to this conviction, commitment, or
issue in any court?
Issues raised:
(b)
Issues raised:
(b)
For additional prior petitions, applications, or motions, provide the same information on a separate page.
l, the undersigned, say: I am the petitioner in this action. I declare under penalty of perjury under the laws of the State of California that
the foregoing allegations and statements are true and correct, except as to matters that are stated on my information and belief, and as
to those matters, I believe them to be true.
(SIGNATURE OF PETITIONER)
12.
13
c.
b.
14.
15.
16.
17.
18.
MC–275
Yes If yes, continue with number 13.
No If no, skip to number 15.
Name of court:
Nature of proceeding (for example, ''habeas corpus petition"):
Result (attach order or explain why unavailable):
Date of decision:
Name of court:
Nature of proceeding:
Result (attach order or explain why unavailable):
Date of decision:
If any of the courts listed in number 13 held a hearing, state name of court, date of hearing, nature of hearing, and result:
Explain any delay in the discovery of the claimed grounds for relief and in raising the claims in this petition. (See In re Swain (1949)
34 Cal.2d 300, 304.)
Are you presently represented by counsel? If yes, state the attorney's name and address, if known:
Do you have any petition, appeal, or other matter pending in any court? If yes, explain:
If this petition might lawfully have been made to a lower court, state the circumstances justifying an application to this court:
Date:
MC-275 [Rev. January 1, 2017]
PETITION FOR WRIT OF HABEAS CORPUS
Page 6 of 6
a.
(2)
(3)
(1)
(a)
(4)
(5)
(2)
(3)
(1)
(a)
(4)
(5)
Yes No
Yes No
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MC275 (Court) (California)

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Completed 12 February 2022

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