Federal Habeas Petitions
for Texas State Court Convictions
If your state appeal is over and you remain in custody, a § 2254 federal habeas petition may be your next step to challenge your conviction.
This page is for Texas state prisoners whose rights were violated during arrest, trial, or sentencing.
A habeas corpus petition can be a path to relief after a failed state appeal. In essence, you’re saying: “I’m in state custody, and something about my conviction or sentence either violates the US Constitution or breaks federal law.”
This path is narrow, deadline‑driven, and technical—but with the right case and a careful record review, it can be a powerful way to fight back.
While working as a federal public defender, I learned the right appellate attorney matters because a habeas petition is often won or lost on the precision of the argument.
I keep my caseload intentionally small so that I can give each and every client the time, care, and attention they need.
Jessica Graf Is Board Certified® in Criminal Appellate Law
The Texas Board of Legal Specialization awards Board Certification to experienced attorneys who meet rigorous standards and pass a comprehensive exam in their practice area.
Fewer than 150 Texas attorneys are Board Certified® in criminal appellate law.
I’ve represented clients in habeas corpus petitions across Texas and the Fifth Circuit.
My background as an Assistant Federal Public Defender helped me hone a precise, compelling approach to §2254 petitions.
Jessica Graf Law >> Federal Post-Conviction Relief
Case Study: A Successful §2254 Habeas Corpus Petition
The example below illustrates how important careful review and precise legal argument are to a §2254 petition. Of course, your results will vary based on the facts and law in your case.
Background: In one Dallas case, my client had been convicted of drug trafficking and sentenced to life in prison. After losing his state appeal, his last resort was a §2254 habeas corpus petition.
What I uncovered: My careful, page-by-page review of my client’s trial transcript and appellate record showed that the State did not have enough evidence to support his conviction. (My client was found in a house with drugs locked in a closet, but there was no evidence my client possessed or controlled those drugs.)
Basis for appeal: Our brief focused on the fact that although my client was found in a house with drugs, there was no evidence showing that my client had any control over the house. The State had no evidence that it was his house, or that he knew there were drugs in a kitchen cabinet. Mere presence does not equal possession.
Ruling: My client’s conviction and life sentence were overturned by the federal district court, and double jeopardy blocked any retrial.
How Federal Habeas Petitions Work
Learn more about the process, requirements, and where to start.Who Can File
People in state custody (including parole or supervision) who claim a violation of the U.S. Constitution or federal law.
Before You File
You generally must present your federal claims to the state courts first (the “exhaustion” rule).
When to file: Most petitioners have one year after the judgment is final; the clock pauses during a properly filed state habeas.
What a Habeas Petition Is – And Isn't
A §2254 petition asks for federal review of your conviction or sentence. It is not a re‑trial, nor is it an opportunity to fix ordinary state‑law errors. It cannot be used to challenge prison conditions.
Counsel
In non‑capital cases, appointed counsel is not guaranteed; courts may appoint counsel in limited circumstances.
Examples of Common Grounds for Federal Court Review
A § 2254 petition asks a federal judge to decide whether your state conviction or sentence violates the U.S. Constitution or other federal law. Common constitutional claims include:
Ineffective assistance of counsel (for example, critical investigation not done or key objections not made)
Prosecutorial misconduct (withholding evidence, improper arguments)
Juror misconduct (bias, outside information)
Insufficient evidence (for Texas convictions)
Less Common Grounds for Federal Court Review
There are also narrow paths to proceed after a year in limited situations, such as when the Supreme Court later recognizes a new right and makes it retroactive, or when new facts supporting a claim could not have been discovered earlier with reasonable diligence. Deadlines in habeas are unforgiving—if this might apply to you, act quickly.
Federal courts give strong deference to state‑court decisions; relief is rare and limited.
Why Work With Me On Your Habeas Petition?
Precision
I meticulously examine every page of your record on appeal with a fine-tooth comb, uncovering anything that could form the basis for federal habeas relief.
The strongest § 2254 issues I see often turn on small moments—a suppressed report, an unexplored alibi, a juror exposed to outside information. The details live in the record; the work is connecting those details to clearly established Supreme Court precedent.
Experience
Before opening my own practice, I served as an Assistant Federal Public Defender (AFPD). I handled complex appellate cases and post-conviction matters–including numerous federal habeas petitions for state convictions.
I’ve argued and written over 100 briefs in federal appeals across Texas on a range of issues from federal felonies all the way up to capital murder. These experiences have given me deep insight into how Fifth Circuit judges evaluate federal habeas cases.
Compassion
I recognize that a federal habeas petition isn’t just a case—it’s your freedom, your family, and your future. I take time to understand your story, explain each step of the federal habeas process in plain language, and keep you informed so you never feel left in the dark.
Courage
I don’t shy away from tough cases, complex state court records, or difficult federal judges. Whether it’s standing up to a harsh state sentence, challenging flawed state court legal reasoning, or pressing the government on constitutional violations in federal habeas, I confront these issues head-on.
Don’t Wait — Protect Your Right to Federal Habeas Review
Deadlines for federal habeas review are unforgiving. The one‑year clock is the deadline people underestimate most. Many people call me two or three years after their judgments become final; by then, it’s almost always too late to file a habeas corpus motion. Please don’t wait.
I offer a free 30-minute intake call to assess if I can help you.
Don't Wait – Protect Your Right to Habeas Review
Deadlines for federal habeas review are unforgiving. The one‑year clock is the deadline people underestimate most. Many people call me two or three years after their judgments become final; by then, it’s almost always too late to file a habeas corpus motion. Please don’t wait.
I offer a free 30-minute intake call to assess if I can help you.