2 replies to this topic
Posted 17 December 2012 - 03:37 PM
When is the correct time to file a mandamus petition. I filed a habeas corpus while in prison, than i was released and my habeas was denied, because I was not under custody no longer. now that i'm released can i file a mandamus or is their another form or petition that I can file. This is for a drug case in 2009. This is for California I want to plea to a lesser charge under PADILLA V. KENTUCKY. I was never told that if I pled guilty to Cal. Penal Code 11375.5 that I faced deportation. Under PADILLA V KENTUCKY my public defender has a right to let me know of the consequences of my plea. I never talk to a public defender to explain to me the process that was going on during the court hearing. If I knowed that pleading to this charge would get me deported I would of opted to plea to a lesser charge like Cal. Penal Code 11377 which has no immigration consequences. Now that I been deported I would like to fight this case, but I'm stuck as to the next level I should take.
Posted 17 December 2012 - 03:53 PM
Procedural timing is a matter of state law and you didn't identify a state. As to filing a writ of mandamus, the purpose of that writ petition is to seek to have the court order a public agency or governmental body to do something it has neglected or refused to do. It generally isn't something you can file post-conviction particularly when a habeas has been denied because you are no longer in custody.
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