Was your or your loved one’s appeal just denied? You may have one more option for relief. Habeas Corpus or PCR Motions (known by various names in the states and as §2255 or §2254 motions in the federal system) have evolved to become the appeal after the appeal for individuals convicted of crimes. A habeas petition is filed after an appeal has been denied. Habeas petitions normally trigger civil proceedings, even though the subject matter are of criminal trials, therefore, it is an extremely specialized practice requiring familiarity with both areas.
Habeas petitions can allege different issues ranging from ineffective assistance of counsel, to a change in law which could now benefit the defendant post-trial or appeal. Since habeas petitions typically allege that the defendant’s previous attorney(s) were ineffective in some way, the attorney reviewing the case would need to know what to look for to make that ineffectiveness claim. In addition, knowledge of the procedures involved in habeas practice distinguish the handful of attorneys who regularly handle habeas petitions from those who do not—including the inmates who try to represent themselves in court.
Before taking on a habeas case, an attorney charges a fee to review the case. In order to review the case, the attorney would need to obtain the case file from the defendant’s former attorney(s) and also the file from the district attorney’s office. Call Mark today to discuss your or your loved one’s case and to find out the fee to review the case.
I’ve compiled a list of questions I am often asked during an initial consultation of a case or throughout my representation and/or review of a case. These answers are general responses and should in no way deter you from calling me even if you find a specific answer to your question. Every case is different and unique. Before you decide that your chance is gone and not worth pursuing, call me so we can discuss.
Most jurisdictions not only permit, but require, the prisoner to attend his habeas hearing, if there is a hearing.