The California Habeas Handbook explains to prisoners and their families, in plain English, exactly how “habeas corpus” works in theory and in practice. The Handbook covers both state and federal habeas corpus, and is designed to teach prisoners who cannot afford lawyers the basics they will need to know in order to successfully get research, prepare, and submit habeas corpus petitions which attack their convictions and/or sentences.
The California Habeas Handbook begins with a history of of habeas corpus from before the United States became a country until the present day. The Handbook then explains the nuts and bolts of state and federal habeas corpus practice, “from cradle to grave”. Next, the Handbook walks prisoners through the successful filing of a habeas corpus petition, starting with step-by-step instructions for filling out the the blank court forms, and ending with a guide for actually drafting habeas corpus claims based on U.S. Supreme Court authority. Finally, the Appendix to the Handbook contains, in addition to blank court forms, court addresses, and a proof of service form, excerpts from habeas documents filed by the Russell firm at every critical stage of the federal habeas corpus process.
The California Habeas Handbook has been described by reviewers as the best book of its kind. The 5th Edition has been completely re-designed and updated; contains 40% more text than previous editions; incorporates “Habeas Hints” from Prison Legal News columns published through the Fall of 2006; includes a Habeas Grounds Table that has been completely re-designed for easier drafting of habeas claims; and now contains excerpts from actual Russell documents in the Appendix.
For more information on the contents of the California Habeas Handbook, click on the “Foreword” from the 5th Edition. To find out for sure whether the California Habeas Handbook can help you, click on Chapter 1, “Who Needs This Book?”
Russell stresses proper "federalizing" of all claims in state court by relying upon settled U.S. Supreme Court case law. To guide you on just what is "settled" U.S. Supreme Court case law, he provides a greatly improved "Habeas Grounds Table," which lists 128 legitimate claims (in nine categories) with supporting case citations. This table has been embellished with a column giving writ writers precisely the plain statement of the constitutional right upon which the decision is based. Hypothetically, from this cookbook listing, you could make a proper claim of the loss of your rights by copying this statement, adding (as you must) all relevant facts and the record of court exhaustion below.
Indeed, to aid you in making a "decent looking" showing, Russell has expanded his appendix to 68 pages to include sample professional pleadings at each stage of federal habeas proceedings.
Beyond prior editions' detailed tour through the maze of state and federal habeas rules/pitfalls, the CHH now more than ever aggressively instructs the pro per litigator on how to go from a blank piece of paper to a polished looking and legally supported presentation — all from the confines of your cell. Chapters 8 and 9 literally walk you through each line of both California and federal habeas corpus petitions. In sum, the 5th Edition CHH is a "one stop shop" for habeas corpus instructions, a handbook that no serious writ writer should be without.
Author Russell closes where he begins, advising you to always try to get an attorney. To this end, he offers his own services, grounded in 35 years of practice in state and federal courts throughout the United States. He specializes in post conviction litigation including state and federal habeas corpus petitions, evidentiary hearings, § 2255 (federal prisoner) petitions and appeals.
For more information on the contents of the new 5th Edition, click the links below:
