Evans

DISCUSSION

A petitioner may challenge his pretrial detention on state criminal charges by way of a petition for a writ of habeas corpus under 28 U.S.C. § 2241(c)(3), which provides habeas jurisdiction over any person held in custody in violation of the Constitution or laws or treaties of the United States. However, principles of comity and federalism require federal courts to abstain and not entertain a petitioner’s pre-conviction habeas challenge unless he shows that: (1) he has exhausted available state judicial remedies, and (2) “special circumstances” warrant federal intervention. See Carden v. Montana, 626 F.2d 82, 83-84 (9th Cir. 1980). “Special circumstances” warranting federal intervention include cases of “proven harassment or prosecutions undertaken by state officials in bad faith without hope of obtaining a valid conviction and perhaps other extraordinary circumstances where irreparable injury can be shown.” Id. at 84 (citing Perez v. Ledesma, 401 U.S. 82, 85 (1971)). Evans fails to demonstrate bad faith on the part of the prosecution or that he will suffer irreparable injury by waiting to assert his claims of ineffective assistance of counsel, violation of Miranda,…