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Civil appellate, criminal appellate, and criminal trial lawyer at 704 North Thompson Street, #157, Conroe, Texas 77301-2578, (936) 494-1393.

Friday, January 4, 2019

Habeas Corpus in Federal District Court

What do you have to do to get to apply for a writ of habeas corpus in a federal district court for a wrongful conviction? I'm going to be outlining the answer here instead of going into precise detail because a detailed answer would turn this blog post into a law review article or even a book. The answer is different depending on whether or not the wrongful conviction that you are seeking relief from is a state or federal conviction. If it is a federal conviction, you must exhaust your rights to appeal, and apply for your writ before a year of time has passed consisting of all the days that the conviction was final. This one-year period comes from the Anti-Terrorism and Effective Death Penalty Act. If it is a state court wrongful conviction you have to exhaust your state appeals, if any, and your state applications for a writ of habeas corpus, again before there have been 365 days of judgment-finality. The 28th volume of the United States Code chapter 153 has the federal habeas corpus statutes, and there are, additionally, special rules for these proceedings, which can be downloaded here.
As compared to the vast majority of state courts, federal courts are preferable for applicants because federal judges serve for life on good behavior and have other protections for their independence, where state court judges by virtue of their limited terms are creatures of politics. In many places, including Texas, they must seek their benches as partisan political candidates. It is far more common for a judge to lose a bench by being too even-handed between the State and the defense than to lose their benches by being too hard on crime-- making them favorable to the prosecution. A federal judge who angers the electorate keeps the bench and the pay for life.

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