Rule 8.508. Petition for review to exhaust state remedies

(a) Purpose After decision by the Court of Appeal in a criminal case, a defendant may file an abbreviated petition for review in the Supreme Court for the sole purpose of exhausting state remedies before presenting a claim for federal habeas corpus relief.

(b) Form and contents

(1) The words “Petition for Review to Exhaust State Remedies” must appear prominently on the cover of the petition.

(2) Except as provided in (3), the petition must comply with rule 8.504.

(3) The petition need not comply with rule 8.504(b)(1)-(2) but must include:

(A) A statement that the case presents no grounds for review under rule 8.500(b) and the petition is filed solely to exhaust state remedies for federal habeas corpus purposes;

(B) A brief statement of the underlying proceedings, including the nature of the conviction and the punishment imposed; and

(C) A brief statement of the factual and legal bases of the claim.

(c) Service The petition must be served on the clerk/executive officer of the Court of Appeal but need not be served on the superior court clerk.

Committee Notes

(Subd (b) amended effective January 1, 2007.)

(Subd (c) amended effective January 1, 2018.)