This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Ineffective Counsel In Family Court In Contra Costa
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State:
Multi-State
County:
Contra Costa
Control #:
US-000277
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FAQ
Under Code of Civil Procedure § 437c(c), a motion for summary judgment "shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law." (Code Civ.
File official complaints to your state judicial oversight bodies. Cite specific violations of rules or codes. And then publish those complaints here and on the FCLU's Facebook and Twitter sites. Research and publish reports on corrupt judges.
The answer is yes, kind of. Since judges have judicial immunity, doing so will likely prove to be difficult and most likely time-consuming. Either way, suing a judge is not an easy process.
How to submit evidence for your hearing Get copies of documents that help support your case. Attach or file these with your Request for Order or Responsive Declaration so the judge can consider them at the hearing. Get statements from any witnesses. File and serve your documents and statements.
Obvious examples are violations of criminal law, sexual misconduct with staff/attorneys/parties, joining discriminatory organizations and using the judicial position to enhance a private interest.
How Do I File a Complaint? You may fax a complaint under 10 pages to (415) 557-1266. The commission does not accept complaints by phone. If you have a disability that prevents you from submitting a written complaint, please contact the commission's office to discuss how this office can best accommodate your needs.
Please tell us as much as you can about what you are looking for, and tell us how we can reach you, including by email. Fill out and send a Request for Judicial Administrative Records form to the Public Information Officer by fax at (925) 608-2658 or by email at: mediainfo@contracostaurts.ca.
Keeping in mind the goal of ensuring a fair trial, courts require a defendant claiming ineffective assistance to prove two elements: That counsel's performance was deficient. That the deficiency prejudiced the defendant to the point that they were denied a fair trial.
Demonstrating ineffective assistance of counsel under the Supreme Court's Strickland test can be complicated. Having to meet both prongs of the test, counsel's substandard performance and prejudice, are daunting tasks.
In California, a defendant must prove the following to establish that their attorney was ineffective: the lawyer's performance fell below an objective standard of reasonableness, and. the attorney's failure to act competently prejudiced the defendant.