[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/brianzeiger.com\/blog\/making-federal-habeas-corpus-appeal-pennsylvania\/#BlogPosting","mainEntityOfPage":"https:\/\/brianzeiger.com\/blog\/making-federal-habeas-corpus-appeal-pennsylvania\/","headline":"Making A Federal Habeas Corpus Appeal In Pennsylvania","name":"Making A Federal Habeas Corpus Appeal In Pennsylvania","description":"Put simply, \u201chabeas corpus\u201d is a writ (petition) that can be used in a narrow set of circumstances to bring the case of a state prisoner before the United States federal courts. However, federal prisoners may also invoke habeas corpus under slightly different circumstances. Translated directly...","datePublished":"2017-05-16","dateModified":"2026-04-16","author":{"@type":"Person","@id":"https:\/\/brianzeiger.com\/blog\/author\/brianzeiger\/#Person","name":"Brian Zeiger, LLC","url":"https:\/\/brianzeiger.com\/blog\/author\/brianzeiger\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/cb403eca94a17a864a2072734e4c5daa47399fd028c5fabaa5499fc0d7c474cf?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/cb403eca94a17a864a2072734e4c5daa47399fd028c5fabaa5499fc0d7c474cf?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"The Zeiger Firm","logo":{"@type":"ImageObject","@id":"https:\/\/brianzeiger.com\/wp-content\/uploads\/2021\/09\/logo.png","url":"https:\/\/brianzeiger.com\/wp-content\/uploads\/2021\/09\/logo.png","width":257,"height":59}},"image":{"@type":"ImageObject","@id":"https:\/\/brianzeiger.com\/wp-content\/uploads\/2017\/01\/Federal-appeals-1-scaled.jpg","url":"https:\/\/brianzeiger.com\/wp-content\/uploads\/2017\/01\/Federal-appeals-1-scaled.jpg","height":1707,"width":2560},"url":"https:\/\/brianzeiger.com\/blog\/making-federal-habeas-corpus-appeal-pennsylvania\/","about":["Appeals"],"wordCount":588,"articleBody":"Put simply, \u201chabeas corpus\u201d is a writ (petition) that can be used in a narrow set of circumstances to bring the case of a state prisoner before the United States federal courts. However, federal prisoners may also invoke habeas corpus under slightly different circumstances. Translated directly from the Latin, the term \u201chabeas corpus\u201d literally means \u201cthat you have the body.\u201d It requires the person against whom the petition is made, normally the warden of a penitentiary, to bring the \u201cbody\u201d of the prisoner before a judge so that the judge might hear his or her case.History of Habeas CorpusIn order to understand the nature and necessity of this complex appeals process, you must understand how application for the writ of habeas corpus developed in the American system of law. Originally, this right was developed in early\u00a0English common law\u00a0because it was often the case that government officials and influential individuals could have you imprisoned for years without due process of law or\u00a0the right to plead your case before a judge. Invoking the right to habeas corpus required that you be brought before the court to plead your case. The United States adopted this principle, and the right to invoke habeas corpus is memorialized in the\u00a0Constitution: \u201cThe Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.\u201d Although the nature of invoking this right has changed over the years, as your right to due process is generally well-protected in this century, it is important to keep in mind the foundation of this principle.Who Is Entitled to File a Federal Writ of Habeas Corpus?Pennsylvania law\u00a0has codified the right to file for habeas corpus under the same general principle that it is a challenge to the legality of a prisoner\u2019s confinement. In order to file a petition for habeas corpus in federal court, you must satisfy the following conditions:You must be duly convicted prisoner serving time in a Pennsylvania prison;The writ must first be filed in Pennsylvania Supreme Court;You must have exhausted all other appeal options;It must be your first petition (with limited exceptions);It must be filed timely, within 180 days of the final decision of the Pennsylvania Supreme Court;It must only challenge convictions for a single matter, not multiple convictions that arose from different cases.Unfortunately, federal habeas petitions submitted without the assistance of an attorney have a less than 1 percent rate of success, as the petition must clearly state how you believe your essential rights have been violated under federal law. This can be a difficult case to make with the limited legal resources provided to state prisoners. Hiring an experienced\u00a0Pennsylvania appeals attorney\u00a0can drastically increase your chances of having your case heard by a federal judge rather than dismissed without a hearing.Contact Philadelphia Criminal Defense Attorney Brian Zeiger to Perfect your PetitionIncluded in the very foundation of American law is the right to be free from unjust imprisonment, and habeas corpus was designed to protect those rights. However, it can feel like you against the world when you try to plead your case, and you are generally given only one chance to do so. Do not waste it. Attorney\u00a0Brian Zeiger\u00a0can work to review the specific facts of your case and help you apply for habeas corpus through the federal judicial system.\u00a0Contact him today at 215-546-0340 or\u00a0online\u00a0for a confidential, no-risk consultation."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/brianzeiger.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Making A Federal Habeas Corpus Appeal In Pennsylvania","item":"https:\/\/brianzeiger.com\/blog\/making-federal-habeas-corpus-appeal-pennsylvania\/#breadcrumbitem"}]}]