Every criminal defendant in any case, no matter the charge, conviction, or sentence, may seek a review of his case in federal court through a petition for a writ of habeas corpus. Often called “The Great Writ,” this constitutional guarantee that “cannot be suspended” provides a mechanism for a federal court to review any criminal conviction from a state court.
There are certain limitations on this procedure. First, the defendant must base the claim in the state court on a particular federal constitutional provision, such as the right to counsel or the right to due process of law. Second, the defendant must raise the federal constitutional claim in compliance with the applicable state procedural rules, such as presenting the claim to the highest court in the state. Third, the petition must be filed within one year of the date on which the state conviction becomes final, such as the date on which the defendant’s appeal is decided. The assistance of a qualified, knowledgeable, and thorough lawyer can be critical in having the writ properly prepared and filed in federal court.
Our firm brings its considerable experience to the table in litigating petitions for writs of habeas corpus for our clients. We will fearlessly face the difficult issues often raised in these situations, including ineffective assistance of counsel and prosecutorial misconduct. We know the rules and can navigate our way through the minefield so that our clients can have the benefit of federal review through use of “The Great Writ.”
