Monday, December 01, 2008

Court has confusing writ rules

My ex-wife informs me that she was unable to file a response to my petition before the Calif. Supreme Court. I guess that means that no amicus letters will be permitted either, unless the court actually agrees to hear the case.

The problem seems to be that the court accepts petitions for four kinds of writs: habeas corpus, certiorari, mandamus, and prohibition. There is some overlap in the meaning of these writs, so you are allowed to ask for more than one kind in a petition. But the court is not used to someone asking for a habeas corpus writ as well as another kind of writ, because habeas corpus petitions usually come from criminal cases, and the others usually come from civil cases.

The Calif. Supreme Court seems to be considering my petition as just a habeas corpus petition. That is too bad, as its purpose is not just to keep me out of jail. I wish the court would at least be a little clearer about what it is doing, so maybe I could file separate petitions for the other kinds of writs if necessary.

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