¶14 In 1971, borrowing the language from McNamara , we continued down this path and expressly described the warrant requirement as "jurisdictional." See Garrett v. Knight , 173 Colo. 419, 480 P.2d 569, 571 (1971). Knight, a juvenile, was convicted in municipal court without the assistance of counsel and sentenced to ninety days in jail.
1990); Mulkey v. Sullivan, 753 P.2d 1226, 1232 (Colo. 1988); Garrett v. Knight, 173 Colo. 419, 421 480 P.2d 569, 570-71 (1971). However, we have established a limited exception to the general rule in situations were a pro se petitioner has asserted claims in a petition for habeas corpus, that, rather than being brought in a habeas petition should have been raised by way of a Crim. P. 35(c) motion.
Generally, a court will not consider a request for habeas corpus relief unless the petitioner has no other form of relief available. Kodama v. Johnson, 786 P.2d 417, 419 (Colo. 1990) (availability of habeas corpus relief is dependent, in part, on unavailability of other remedies); Garrett v. Knight, 173 Colo. 419, 421, 480 P.2d 569, 570-71 (1971) (habeas corpus not available to petitioner who had an adequate remedy of trial de novo pursuant to an appeal and who failed to comply with the procedural requirements of the Habeas Corpus Act); see also Mulkey, 753 P.2d at 1232 ("Before a defendant can seek a writ of habeas corpus, he must first exhaust his legal remedies."). Consequently, the fact that at the time Moody instituted his action he still had other possible legal recourse, both through the trial court's resolution of his motion to dismiss and through a subsequent appeal if the court denied that motion, should have precluded issuance of the writ as premature.
Before a defendant can seek a writ of habeas corpus, he must first exhaust his legal remedies. Garrett v. Knight, 173 Colo. 419, 421, 480 P.2d 569, 570 (1971). Mulkey raises the same issue that was presented to this court by the petitioners in Stewart and Martinez, so he had a legal remedy other than habeas corpus.
Prisoners must comply with the requirement, and the courts may not waive it. Garrett v. Knight, 173 Colo. 419, 480 P.2d 569 (1971). [3,4] Instead of attaching the designated documents, the prisoners filed a motion for leave to file their petition without the necessary accompanying papers.
Even if we assume the order did represent a violation of defendant's rights, he had the adequate remedy of appealing to this court. See Garrett v. Knight, 173 Colo. 419, 480 P.2d 569 (1971). Hence, we hold that an order of one district court concerning presentence confinement credit may not be challenged by prosecution of a writ of habeas corpus in a district court of another judicial district.