If you believe grounds for a petition for writ of habeas corpus exist, certain steps must be followed.
Writ to be filed in conjunction with an appellant’s first appeal of right:
- Counsel may be compensated for up to 15 hours for researching the writ and drafting the memo seeking approval for filing it without any prior approval.
- Before preparing the writ itself, counsel must first obtain approval from CAP-LA.
- To seek approval to draft a writ, please contact the staff attorney assigned to your case.
Writ to be filed in any other type of appeal:
- To be compensated for any work done on a writ to be filed in any situation other than in conjunction with a first appeal of right, you must get approval from the court before doing any work at all.
- To seek approval, please contact the staff attorney assigned to your case.
The details of the policy for writs filed in conjunction with first appeals of right are outlined in CAP’s policy on compensation for writs of habeas corpus.
Please note that that memo was last updated May of 2018, but the policy has changed with respect to the 15 hours being limited to pre-drafting activities. Feel free to contact CAP with any questions.