Defendants who have exhausted their appellate rights but have facts or evidence demonstrating the unconstitutionality of their conviction or sentence may pursue relief from their incarceration through a habeas corpus petition. But what is a petition for habeas corpus? The law defines habeas corpus petitions as a means for courts to determine the legality of an individual’s detention or incarceration. Today, convicted defendants use habeas petitions to assert constitutional challenges to their conviction or sentence, with the goal of achieving relief, such as release from incarceration, a sentencing reduction, or a new trial.
However, federal courts may grant habeas petitions only on limited grounds. A defendant wishing to challenge their conviction and sentence needs experienced legal advocacy to present a compelling argument supporting a habeas corpus petition. This is where The Zeiger Firm can help. Contact us today for a case evaluation with a knowledgeable criminal defense lawyer to learn how our aggressive and experienced legal counsel can pursue habeas corpus relief from your conviction and sentence.
What Is a Habeas Corpus Petition?
A petition for writ of habeas corpus allows a defendant to challenge the validity of their continued detention in a correctional facility or mental health institution, usually under a state or federal conviction and sentence. Through a habeas corpus petition, a court can issue a federal writ of habeas corpus that orders a prisoner released from custody, reduces their sentence, or remands their case back to another court for further proceedings.
A defendant may have a viable habeas corpus petition if they have a valid claim that a state or federal court’s determination in the defendant’s case violated or involved an unreasonable application of clearly established federal law as determined by the U.S. Supreme Court.
Common claims brought under habeas corpus petitions include:
- Ineffective assistance of counsel in violation of the Sixth Amendment of the United States Constitution right to counsel
- Procedural or substantive due process violations under the Fourth or Fourteenth Amendment
- Violations of the Fifth or Sixth Amendment rights to a speedy trial and privilege against self-incrimination
- Imposition of an illegal sentence (a sentence not authorized by federal statutes)
- The trial court’s lack of jurisdiction over the defendant’s offense
Defendants can file two types of habeas petitions, depending on whether they serve a state or federal sentence. State defendants must file a §2254 petition, which allows them to raise claims of deprivation of their federal constitutional rights in their state court criminal proceedings and incarceration. Federal defendants must file a §2255 petition to challenge their federal conviction and custody.
Defendants incarcerated for violations of Pennsylvania criminal law may also pursue a similar form of relief under the state’s Post-Conviction Relief Act (PCRA).
Eligibility for Habeas Corpus Petitions
Defendants must meet specific eligibility criteria for filing a habeas corpus petition. First, state prisoners must exhaust all state remedies before they may file a federal habeas petition. Exhaustion of state remedies means an inmate in a state prison must have petitioned for allowance of appeal with their state’s highest court or with the U.S. Supreme Court or pursued any post-conviction relief allowed by state law (including an appeal of a denial of a request for post-conviction relief.
State defendants who do not exhaust their state remedies will have their federal habeas petition dismissed due to procedural default. State defendants must currently be incarcerated to seek habeas relief. A federal court cannot grant relief to a defendant who has completed their sentence since writs of habeas corpus focus on granting relief from unconstitutional incarceration.
Furthermore, all defendants must file their habeas corpus petition within one year after their conviction becomes final, including after an appeals court upholds the conviction or denies review. A state defendant can “toll” or pause this one-year deadline by pursuing post-conviction relief in state court.
Defendants may only file one habeas petition at a time. Furthermore, after a defendant unsuccessfully pursues a first habeas petition, they must seek leave from the United States Court of Appeals to file a second or successive petition.
A federal court must dismiss a second or successive petition asserting a new claim (a claim not presented in the defendant’s prior petition) unless all of the following conditions apply:
- The claim relies on a new rule of constitutional law retroactively applicable to cases on collateral review
- The defendant could not have discovered the facts underpinning their claim through reasonable diligence, and
- The facts establish by clear and convincing evidence that no reasonable factfinder would have found the defendant guilty.
How to File a Habeas Corpus Petition
A defendant wishing to challenge their conviction and detention must file a petition for habeas corpus against the individual in charge of the facility holding the defendant. Defendants must file the correct petition depending on whether they want to challenge a state or federal conviction and sentence.
A petition for a writ of habeas corpus must include various information, including:
- Name and location of the court that issued the judgment
- The offense(s) of conviction and length of sentence
- What steps (if any) the defendant took to challenge their conviction and sentence (including any post-conviction proceedings)
- Whether the defendant has filed a prior habeas petition to challenge the conviction
- The grounds upon which the defendant seeks habeas relief
Habeas corpus law and procedures are complex, so you should work with a criminal defense and appellate lawyer with experience handling these cases.
Timeline for Filing a Habeas Corpus Petition
Defendants have one year from the date their conviction becomes final to file a federal habeas petition. A conviction becomes final when the time to appeal the conviction to a higher court expires (or after a higher court denies discretionary review) or on the date that the time to appeal the denial of other post-conviction relief expires. Pursuing other post-conviction relief after a direct appeal, such as pursuing post-conviction relief under state law, pauses the one-year limitations period during those post-conviction proceedings.
Because direct appeals and post-conviction proceedings can push back the deadline for a federal habeas petition, you should work with an experienced attorney to ensure your opportunity to file a petition does not expire.
How Zeiger Law Can Help with Your Habeas Corpus Petition
Do you want to file a habeas corpus petition? If so, turn to the legal team at The Zeiger Firm for experienced advice and dedicated advocacy. Contact our firm today for a confidential consultation with a federal defense attorney to learn more about your rights and options for pursuing relief from your conviction in a federal habeas corpus petition.
