Q: If someone is looking for habeas corpus relief, but the state Court can not produce their plea bargain what can they do
Also if the courts can't produce the transcripts are there any grounds for dismissal? What if that case is only 2 years old? Is there any cases I can read up on about this?
A: Habeas Corpus relief does not guarantee that there will be trial transcripts to support whatever it is you are arguing that meets the basis for receiving such an extraordinary remedy. Defects in guilty pleas are generally raised by post plea/sentence motions to vacate or reconsider, or by appeal, or by other post-conviction relief. If the case is so old that the transcripts can no longer be created, and none were ever produced in connection with timely appeals or procedural motions allowed under the rules challenging the proceedings, then you will need the testimony and recollection of your defense attorney, the prosecutor and the plea judge, and any written notations in the record at the time, to support whatever grounds you are arguing make the pea illegal. Also, habeas corpus relief only applies to a defendant who is currently in prison, and it is not always available to challenge every type of issue. Generally, in a post-sentencing posture, it is an option of last resort once all other avenues of relief have been exhausted, and by then it is a long shot.
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