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Can i use a 28 U.S.C. 2254 Habeas Corpus for a Child Dependency Hearing if there was Cause and Prejudice to Procedural Default?
Anonymous5 views3 answers
If my Appeal Attorney Abandoned me and was Ineffective Assistance of Counsel with my appeal case before the California Court of Appeals can i proceed with my Constitutional Claims to the Federal Court?
My Appeals Attorney failed to present Constitutional claims of Ineffective Assistance of Trail Counsel and Brady Violation that i requested and sought to present evidence before appealing my Dependency Case.
I have heard and researched, the 28 U.S.C. 2254 can NOT be used for Custody of Children when they were illegally seized against by authorities.
If you want to challenge the effectiveness of trial counsel and then appellate counsel you will have to do this via a writ to the court of appeal. You have to first raise constitutional claims on state issues (child custody is codified in state law) in the state court. If you don't prevail there, you can then raise them in federal court.
