Does an indigent defendant have a right to seek habeas corpus even if he cannot afford to pay the filing fee?
California, United States of America
The following excerpt is from Wheatherford v. City of San Rafael, 171 Cal.Rptr.3d 912 (Cal. App. 2014):
a right to counsel on appeal]; Smith v. Bennett (1961) 365 U.S. 708, 81 S.Ct. 895, 6 L.Ed.2d 39 [indigent defendant has a right to petition for habeas corpus despite his inability to pay a filing fee].) Serrano is inapposite because it does not purport to identify persons who cannot afford to own real property as a protected class.
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