Form Mc 275 PDF Details

The MC-275 form serves as a beacon of hope for individuals seeking to challenge various aspects of their incarceration or conviction through the legal avenue known as the writ of habeas corpus. This powerful document allows petitioners, whether they are challenging an order of commitment, a criminal conviction, the conditions of their confinement, or other related issues, to present their case to a higher court. The form underscores the importance of filing in the correct jurisdiction, be it the Superior Court for most commitments and convictions or directly to the appellate-level courts for broader issues beyond direct sentencing or conviction. The meticulous instructions laid out in the MC-275 highlight the judicial system's emphasis on accuracy, thoroughness, and adherence to procedural norms—from presenting facts clearly and concisely, to substantiating claims with supporting documents, and navigating through the appeal process, if applicable. Additionally, the MC-275 mandates petitioners to disclose whether they exhausted available administrative remedies, a step that underscores the procedural gates through which one must pass before engaging the higher echelons of the judicial review process. Designed to streamline the process of petitioning for a writ of habeas corpus, the MC-275 form’s detailed sections ensure petitioners address the pertinent questions that will aid the court in its deliberation, potentially changing the petitioner's legal and penological status significantly.

QuestionAnswer
Form NameForm Mc 275
Form Length6 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min 30 sec
Other namesform writ habeas corpus, habeas corpus writ of, california petition writ form, form petition habeas corpus

Form Preview Example

Name:

Address:

CDC or ID Number:

Petitioner

vs.

Respondent

MC–275

(Court)

PETITION FOR WRIT OF HABEAS CORPUS

No.

(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.

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.

Notify the Clerk of the Court in writing if you change your address after filing your petition.

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.

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Form Approved for Optional Use Judicial Council of California MC-275 [Rev. January 1, 2017]

PETITION FOR WRIT OF HABEAS CORPUS

Penal Code, § 1473 at seq.; Cal. Rules of Court, rule 8.380 www.courts.ca.gov

MC–275

This petition concerns:

 

 

 

 

 

 

 

 

A conviction

 

 

Parole

 

 

 

 

 

 

 

 

A sentence

 

 

Credits

 

 

 

 

 

 

 

 

Jail or prison conditions

 

 

Prison discipline

 

 

 

 

 

 

 

 

Other (specify):

 

 

 

 

 

 

 

 

 

 

 

 

 

1.

Your name:

 

 

 

 

 

2.

Where are you incarcerated?

 

 

 

 

 

3.

 

 

 

 

 

 

 

Why are you in custody?

 

 

Criminal conviction

 

 

Civil commitment

Answer items a through i to the best of your ability.

a.State reason for civil commitment or, if criminal conviction, state nature of offense and enhancements (for example, ''robbery with use of a deadly weapon'').

b.Penal or other code sections:

c.Name and location of sentencing or committing court:

d.Case number:

e.Date convicted or committed:

f.Date sentenced:

g.Length of sentence:

h.When do you expect to be released?

i. Were you represented by counsel in the trial court?

 

Yes

 

No

If yes, state the attorney's name and address:

4.

What was the LAST plea you entered? (Check one):

 

 

 

 

 

Not guilty

 

 

Guilty

 

Nolo contendere

 

Other:

 

 

 

 

 

 

5.

If you pleaded not guilty, what kind of trial did you have?

 

 

 

 

Jury

 

 

Judge without a jury

 

 

Submitted on transcript

 

 

 

 

 

 

Awaiting trial

MC-275 [Rev. January 1, 2017]

PETITION FOR WRIT OF HABEAS CORPUS

 

Page 2 of 6

MC–275

6.GROUNDS FOR RELIEF

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.)

a.Supporting facts:

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.)

b.Supporting cases, rules, or other authority (optional):

(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 3 of 6

MC–275

7. Ground 2 or Ground

 

(if applicable):

a. Supporting facts:

b. Supporting cases, rules, or other authority:

MC-275 [Rev. January 1, 2017]

PETITION FOR WRIT OF HABEAS CORPUS

 

Page 4 of 6

8.Did you appeal from the conviction, sentence, or commitment? Yes

a. Name of court (''Court of Appeal'' or ''Appellate Division of Superior Court"):

MC–275

No

If yes, give the following information:

b. Result:

d.Case number or citation of opinion, if known:

e.Issues raised: (1)

(2)

(3)

f.Were you represented by counsel on appeal?

9.Did you seek review in the California Supreme Court?

a.Result:

Yes

Yes

c. Date of decision:

No If yes, state the attorney's name and address, if known:

No

If yes, give the following information:

b.

Date of decision:

c.Case number or citation of opinion, if known:

d.Issues raised: (1)

(2)

(3)

10.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:

11.Administrative review:

a.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:

b. Did you seek the highest level of administrative review available?

 

Yes

Attach documents that show you have exhausted your administrative remedies.

No

MC-275 [Rev. January 1, 2017]

PETITION FOR WRIT OF HABEAS CORPUS

 

Page 5 of 6

MC–275

12. Other than direct appeal, have you filed any other petitions, applications, or motions with respect to this conviction, commitment, or

issue in any court?

 

Yes If yes, continue with number 13.

 

No If no, skip to number 15.

13 a. (1) Name of court:

(2)Nature of proceeding (for example, ''habeas corpus petition"):

(3)Issues raised: (a)

(b)

(4)Result (attach order or explain why unavailable):

(5)Date of decision: b. (1) Name of court:

(2)Nature of proceeding:

(3)Issues raised: (a)

(b)

(4)Result (attach order or explain why unavailable):

(5)Date of decision:

c. For additional prior petitions, applications, or motions, provide the same information on a separate page.

14.If any of the courts listed in number 13 held a hearing, state name of court, date of hearing, nature of hearing, and result:

15.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.)

16. Are you presently represented by counsel?

Yes

No

If yes, state the attorney's name and address, if known:

17. Do you have any petition, appeal, or other matter pending in any court?

Yes

No

If yes, explain:

18. If this petition might lawfully have been made to a lower court, state the circumstances justifying an application to this court:

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.

Date:

(SIGNATURE OF PETITIONER)

MC-275 [Rev. January 1, 2017]

PETITION FOR WRIT OF HABEAS CORPUS

 

 

 

 

 

 

 

 

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form writ habeas corpus writing process outlined (part 1)

2. After performing the previous part, head on to the next step and fill out the necessary details in all these blanks - This petition concerns, A conviction, A sentence, Parole, Credits, Jail or prison conditions, Prison discipline, Other specify, Your name, Where are you incarcerated, Why are you in custody, Criminal conviction, Civil commitment, Answer items a through i to the, and State reason for civil commitment.

Stage no. 2 in filling in form writ habeas corpus

3. Completing Case number, Date convicted or committed, Date sentenced, Length of sentence, When do you expect to be released, Were you represented by counsel in, Yes, If yes state the attorneys name, What was the LAST plea you entered, Not guilty, Guilty, Nolo contendere, Other, If you pleaded not guilty what, and Jury is essential for the next step, make sure to fill them out in their entirety. Don't miss any details!

Tips to fill in form writ habeas corpus stage 3

4. Now fill in this fourth portion! In this case you'll get all these GROUNDS FOR RELIEF Ground State, and Supporting facts Tell your story empty form fields to fill out.

Step # 4 in completing form writ habeas corpus

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Part number 5 of filling in form writ habeas corpus

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