I filed a Writ of Habeus Corpus and application for Stay of Enforcement of the residential restrictions part of Jessica's Law a month before I left prison this time. I filed It in the Superior Court of the State, County of Santa Clara (Case # CC755270). Jessica's Law states I can not live 2,000 feet from a school, park, etc... In Santa Clara Co. 70% of the Co. is within that range (In San Francisco almost 100% of the city is restricted). My augments in my writ were:
1. Residential restrictions will force me to choose between homelessness or prison.
2. I will not be a danger to anyone if allowed to live 2,000 feet from a restricted area.
3. It violates my Due Process rights.
4. It violates my constitutional right to live in my home. I have relatives I could live with within Santa Clara Co. instead of being forced to be homeless.
5. The entire Jessica's Law, when applied to me, violates the Ex Post Facto Clause of the U.S. Constitution because my "crime" I was wrongly convicted of was 20 years before passage of the law.
Superior Court Judge Andrea Bryan denied my Writ in a 5 sentence order. I doubt he even read it. I have no money and can not afford an attorney. I did my own legal work with the help of the wonderful prisoners rights organization, The Prison Law Office. See http://www.prisonlaw.com/ . I spent most the day today in the Legal Law Library in downtown San Jose researching on my next move to get this nightmarish condition of parole off of me. Homelessness or prison? Not much of a choice. I pray the next judge I present my next Writ to will have some sense of right and wrong, follow the U.S. Constitution, and actually read my Writ.
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