Federal Habeas Corpus
The "Great Writ" of Habeas Corpus
Federal Habeas Corpus includes petitions under 28 U.S.C. 2255, 2254 and 2241
2255 is used to challenge the Constitutionality of a federal conviction, and 2254 is used to challenge the Constitutionality of a state conviction.
Some common issues argued in these petitions are ineffective assistance of counsel and Brady v. Maryland violations, that is when the government suppresses evidence of innocence or information that could impeach a witness.
2241 petitions are used to challenge the Constitutionality of a sentence. Examples that are argued on 2241 are when a prison disciplinary proceeding that took away good time, or a parole hearing did not comport with due process.
2241 is also a powerful tool when immigration detention becomes unconstitutionally prolonged.
Federal Habeas Corpus is incredibly complicated and has numerous pitfalls that can trap an unskilled litigator. In many cases, Habeas Corpus is your last chance to overturn a wrongful conviction.
Do not hesitate, contact us now, to review your case.