Californians’ Habeas Corpus Rights Protected

AB 351  of 2013 enacts a new Penal Code provision to refuse to support the implementation of any federal law authorizing indefinite detention of a Californian under a federal law protecting against terrorist attacks. A petition for a habeas writ is filed by an individual who believes he or she is being wrongly detained.  If the court grants the petition, the court issues a habeas writ directing the detaining official to bring the individual before the court to challenge the validity of the detention.  The U.S. Constitution prohibits the suspension of this privilege "unless when in Cases of Rebellion or Invasion the public Safety may ... Read More >