Habeas Corpus Relief from Federal Convictions

The habeas corpus process is often confused with an appeal, but it is actually a different type of proceeding that usually happens after the direct appeal is over. A habeas petition allows you to challenge your federal conviction or sentence by demonstrating that your constitutional rights were violated, that your sentence exceeds the maximum authorized by law, or that your sentence is in violation of the laws of the United States. Unlike in a direct appeal, you may present new evidence in habeas proceedings. Some common types of claims raised in habeas petitions include ineffective assistance of counsel, false testimony, juror misconduct, and prosecutorial misconduct.

What is Federal Habeas Corpus?

FAQs

  • The most common method to initiate habeas proceedings following a federal conviction is to file a 28 U.S.C. § 2255 Motion. A 2255 Motion asks the court to “vacate, set aside or correct the sentence” when “the sentence was imposed in violation of the Constitution or laws of the United States, or… the court was without jurisdiction to impose such sentence, or… the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack.”

    The rules governing 2255 Motions are complex and confusing, even to lawyers. Because a 2255 Motion is often your last chance to challenge your conviction or sentence, it is important to talk with an attorney who understands the process and can help you protect your rights.

  • The statute of limitations rules for 2255 Motions can be confusing. In general, you have one year from the date your conviction became final to file a 2255 Motion. For example, if you appealed your conviction, the one-year clock would start running from the date the court of appeals affirmed your conviction and sentence. If you did not appeal, your conviction became final on the date the district court entered its judgment.

    There are other circumstances when you can file a 2255 Motion even if your conviction became final more than one year ago, such as when the Supreme Court recognizes a new right and determines that right should be retroactively applicable to cases on habeas review, or when new facts supporting a claim could not have been discovered before.

    The statute of limitations rules are very important because there are no exceptions. If the deadline has passed, the court will not consider your 2255 Motion. It is important to consult with a knowledgeable attorney as soon as possible after your conviction becomes final to discuss your options.

  • Sometimes you can file what’s called a “second or successive” 2255 Motion, but the rules are very strict, and you must first get permission from the court of appeals to file the motion. The court of appeals will only authorize a second or successive 2255 Motion if new evidence shows that the jury would not have found you guilty of the crime of conviction or if the Supreme Court has recognized a new rule of constitutional law and made that right retroactively applicable to cases on habeas review. A new rule of constitutional law is retroactive if the Supreme Court orders that it applies to everyone who was affected by it before the new rule was announced.