HABEAS CORPUS

Habeas Review Attorneys

What is habeas? The term comes from the Latin phrase habeas corpus, which translates to “you should have the body.” Habeas review is the legal process through which a convicted prisoner may challenge the legality of his conviction or sentence. Habeas is a vehicle for challenging final convictions, however; it is not a re-adjudication of guilt. This means that if the defendant prevails, he most likely will obtain a new trial rather than release from prison. It might help to think of habeas corpus as a federal constitutional compliance hearing.

How does it work? There are enormous procedural complexities and hurdles that are designed to facilitate comity and finality in state criminal cases by preventing federal courts from routinely undermining state convictions. Additional limits that impact habeas processes were placed on the courts by the Antiterrorism and Effective Death Penalty Act (AEDPA) in 1996.

Habeas is distinct and different than direct appeals and post-conviction and habeas is neither purely appellate nor purely trial work. At stake in habeas litigation is whether the prisoner is “in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a).

Is it criminal or civil? The short answer is, habeas is a mix of both. Federal habeas proceedings are considered non-criminal and, therefore, are understood best as civil actions because they are not an adjudication of guilt or innocence. Additionally, while the prosecutor bears the burden of proof in a criminal trial, in a habeas corpus action the petitioner generally bears the burden of proof.

Contact A Habeas Corpus Relief Attorney For Help

If you or someone you know may be interested in pursuing habeas relief for the violation of federal constitutional rights, contact Lyon & Kerr immediately. Our experienced legal team is prepared to consult with you regarding your pursuit of justice by way of habeas relief.