June 24, 2010 By Wallin & Klarich

Recently, the Ninth Circuit held that a federal prisoner may not challenge his or her sentence pursuant to a petition for a writ of audita querela if the requested relief can be obtained through a writ of habeas corpus. Defendants in California have a right to challenge their conviction in either state or federal court by way of filing an appeal and later a writ of habeas corpus.

The writ of habeas corpus, which is translated from Latin as “We command that you have the body” is a writ, or legal action, through which a person can seek relief from unlawful detention. On the other hand, a common law writ of audita querela is issued to afford a remedy to defendants against whom a judgment had been rendered, but who have discovered new matters in support of their defense not available at their original trial.

Although both writs share similar features, there is one important distinction between the two. Unlike habeas corpus that is available for all petitioners, the writ of audita querela is a limited extraordinary legal remedy that applies in the circumstances when defendants exhausted all other available avenues in challenging their criminal conviction. It is rarely used in federal criminal matters, and primarily applies to civil matters after a final judgment is filed in a trial court.
It is essential to contact an experienced criminal appeals attorney who can provide clarity and quality representation in your appeals matter. Wallin & Klarich has over 30 years of criminal appeals experience.  Call (888) 749-0034 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today.  Please visit us at www.wklaw.com. We will be there when you call.

Contact Us
  •   17592 Irvine Blvd,
      Tustin, CA 92780
  •   (714) 730-5300
  •   (888) 280-6839
SCHEDULE YOUR free consultation

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2024 Wallin & Klarich - All rights reserved

California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.