Habeas corpus is a legal petition that challenges the legality of a person’s detention or imprisonment. Latin for “you shall have the body,” a writ of habeas corpus requires that a person under arrest be brought before a judge, who then determines whether the detention is lawful.
When Habeas Corpus Is Used
Habeas corpus petitions are most commonly filed after a conviction when the defendant believes their constitutional rights were violated during the trial — such as ineffective assistance of counsel, newly discovered evidence, prosecutorial misconduct, or an unconstitutional sentence.
Federal Habeas Corpus
In federal court, habeas corpus petitions are filed under 28 U.S.C. § 2255 for federal prisoners or 28 U.S.C. § 2254 for state prisoners challenging their conviction in federal court. There are strict deadlines — generally one year from when the conviction becomes final — so time is critical.
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