Extraordinary Writ Practice

Rectifying Serious Injustices and Illegal Actions that Cannot Be Solved in the Normal Appeals Process

A wide range of problems are susceptible of being remedied by extraordinary writs. The underlying principle is immediate access to appellate review to enforce the law. We routinely utilizes these writs, which include habeas corpus, mandamus, prohibition, and certiorari. Below are a few examples of this type of litigation.

  • Refusal of judge to grant recusal where bias is reasonably questioned
  • Perpetual reassignment of misdemeanor court judges to hear felony cases
  • Establishment of a local domestic violence court

  • Protecting right of public defender clients to independent counsel when the public defender has an ethical conflict of interest
  • Enforcing plea agreements on behalf of clients
  • Challenging state’s ability to appeal adverse decisions
  • Protecting client’s right to judicial review of administrative decisions affecting parole release date
  • Challenging use of earlier, uncounseled convictions in subsequent parole eligibility
  • Pursuing repayment to client of fines and costs paid before conviction reversed on appeal
  • Challenging extradition of clients to other states
  • Challenging court’s refusal to follow rule authorizing counsel to submit written plea of not guilty in lieu of client’s appearance at arraignment
  • Supporting indigent client’s right to discovery costs, even if family hires an attorney for client

  • Challenging penalty imposed for violation, where probation has expired
  • Challenging increase of sentence after completion
  • Preventing further prosecution barred by Statute of Limitations

  • Challenging state’s failure to timely file information
  • Challenging illegal sentences and denial of gain time where client entitled to immediate release.
  • Preventing retrial where first trial aborted without manifest necessity or defense assent
  • Challenging adjudication for higher charge after unlawful inquiry by judge into deliberative process of jury’s verdict for lesser offense