By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 31, 2022
What is a Writ of Habeas Corpus?
A writ of habeas corpus is a legal process that allows an individual detained by the government to challenge the legality of their detention. In federal court, defendant can file a writ of habeas corpus as long as the petition raises constitutional concerns. Through a writ of habeas corpus, an attorney may help get a defendant released from custody. The writ of habeas corpus is a petition that directs state law officials who have custody of an inmate to appear in court to determine whether the prisoner is being held unconstitutionally.
A federal writ of habeas corpus is often the final chance for a defendant to challenge their conviction in federal court after the Michigan state courts have denied relief. 28 USC 2254 governs the writ of habeas corpus for a state inmate challenging a state conviction. This article will discuss habeas corpus petitions filed by Michigan state prisoners in federal court under 28 USC § 2254. This article explains why the trial attorney must preserve any federal issues for appellate review.
Procedural Hurdles of the Writ of Habeas Corpus
A writ of habeas corpus is a legal remedy commonly used in federal court to challenge the legality of one’s detention or imprisonment. The procedural hurdles a defendant must overcome in to successfully file a petition can vary depending on the circumstances surrounding the case, as well as the actions and decisions made by the presiding judge. Some common challenges include showing: 1) that you are being unlawfully detained; 2) that your detention violates constitutional rights; and 3) that exhaustion of remedies available outside of court has occurred, among others.
First, it is important to understand what constitutes unlawful detention – this may vary depending on whether you are seeking release from prison or preventing harm from coming to you while continuing to serve your sentence. Often, unlawful detention is defined as when the government has no legal basis for holding you, such as when your release would not pose a threat to society. In order for your petition to be successful, you must show that reasonable cause for your continued imprisonment does not exist.
Second, to successfully challenge your detention on constitutional grounds, you must be show that your rights under the US Constitution are being violated. This can include a violation of one’s right to due process and privilege against unreasonable search and seizure by law enforcement officials. For example, if you were arrested without probable cause or have been denied access to counsel while in jail, these could constitute violations of constitutional rights.
Finally, in order to file a writ of habeas corpus in federal court, it is often necessary to show that all other avenues for seeking legal recourse have been exhausted. This may be demonstrated by demonstrating that the appeals process has been followed and that no further appeals are possible through the state court system. The court must also consider any complaints or grievances filed during your time in prison as part of this requirement.
As you can see, there are several procedural hurdles that must you must overcome when filing a writ of habeas corpus in federal court. However, with careful consideration and planning, it can be done effectively.
Federal Habeas Corpus Requirements
The first step when filing a writ of habeas corpus in federal court is to make sure all the procedural requirements have been met. This includes ensuring that you file your writ with the correct district court and that it contains the proper legal arguments and supporting evidence. In addition, it’s important to adhere to any deadlines for filing your petition, as well as other requirements specified by state or federal law.
28 USC 2254 establishes the requirements a petitioner must meet before the federal court will review the writ of habeas corpus. The conditions are as follows:
- Petitioner must be ‘‘in custody’’ when the petition is filed – “In custody” can include prison, parole, bond or other restraint resulting from the state court conviction
- Violation of constitutional law – The writ of habeas corpus must argue that the petitioner is “in custody” because of a violation of federal law or the Constitution of the United States.
- Exhaustion – You have presented all the federal constitutional issues contained in the writ of habeas corpus to the Michigan state courts for decision. The issues must have made their way to the Michigan Supreme Court.
- Federal issues were not ‘‘procedurally defaulted’’- This means that the petitioner must show that the Michigan courts decided the federal issues on the merits of the arguments and did not dismiss the issues on the failure to procedurally preserve the issue or timely file an appeal. If the issues have been procedurally defaulted, the dismissal of those issues are viewed to be dismissed on “independent and adequate” state grounds. Federal courts will not review issues that invoke that standard.
- Timing deadlines – The writ of habeas corpus must have been filed within one year after the state’s highest court, the Michigan Supreme Court, has addressed the issues on the merits.
28 USC 2254 (AEDPA)
“AEDPA” stands for the Anti-Terrorism and Effective Death Penalty Act. This act establishes the hurdles that a petitioner must overcome to have their case heard in the federal court. The law has strict guidelines that must be followed.
The requirements of AEDPA have placed a great deal of responsibility on the trial attorney. As appellate attorneys with decades of experience, we can tell you that many trial attorneys do not recognize their responsibility to preserve issues for federal review. We have read thousands of pages of transcripts, and many trial attorneys do not preserve federal claims.
As stated, AEDPA has made it necessary for trial attorneys to be cognizant of their duty to properly preserve federal issues for appeal in the Michigan state courts and the federal court.
Principle of Exhaustion – What does it mean?
“Exhaustion” requires that before a Michigan inmate can seek federal habeas relief, the inmate must have presented all federal issues to the state court. Specifically, the Michigan state courts must have been given the opportunity to decide the federal issues. Once the highest state court, the Michigan Supreme Court, has decided the merits of the issues, the issues have been “exhausted.” 28 U.S.C. § 2254(b).
If the trial attorney fails to preserve a constitutional issue at trial adequately and the state appeals court refuses to address the merits of the argument, holding that review of the issue has been “waived” under Michigan procedural rules, the issue will not meet the requirements of § 2254(b). The door is closed to federal review of that issue. A person incarcerated must not have any issues prevented from the federal court if he or she is trying to get relief from unconstitutional imprisonment.
If an attorney does not properly argue federal law and the particular trial facts to preserve a federal issue properly, you cannot present the issue to the federal court in the writ of habeas corpus. A prisoner may raise that issue still if the prisoner can satisfy the conditions of 28 U.S.C. §2254(e)(2).
Under the statute, to have a “waived” or unpreserved issue heard by the federal court, the petitioner must show “cause” and “prejudice.” “Cause” means that the petitioner must present facts showing that the issue could not have been previously discovered by exercising due diligence, accounting for failing to raise the issue in state court. The petitioner could also show a claim of “actual innocence” as well. A review of the AEDPA statute shows the consequence of failing to preserve a federal constitutional issue at trial properly is very harsh. A trial attorney’s failure to adhere to procedural rules -can sacrifice their client’s path to federal court.
Procedural Default of Federal Issues
A review of the habeas statute shows that the rules are complex and failure to follow them can result in a severe consequence – dismissal of the federal issue. The consequence is so drastic and arguably unfair because, if the procedural rules are not followed, even a federal issue with solid arguments that could reverse a conviction may be dismissed without ever being addressed.
Thus, a trial attorney must avoid “procedural default” of federal issues. The trial attorney must recognize their responsibility to preserve federal issues. Unfortunately, few do. They do their client a disservice because the attorneys do not consider future appeal consequences.
What is a procedural default?
State courts and federal courts have rules that must be followed. A procedural default occurs, for example, when the trial attorney fails to object to an issue at trial. The federal issue cannot become part of the record because the attorney had not made a legal argument or objection. Failing to preserve the issue is a “procedural default.” It is also important to note that a trial attorney’s failure to preserve an issue at the trial court can also cause the Michigan appellate courts to refuse to rule on federal issues.
In federal court, a procedural default of an issue prevents the pursuit of relief in the federal court. If the Michigan appellate courts do not address an issue because of procedural default, the federal court will not review the issue because the federal court has determined that the case has been decided on “independent and adequate” state grounds. This means that the federal court will not review the federal issue because the state of Michigan has dismissed the issue on something other than federal law. Since state procedural rules and not federal law are implicated in the dismissal, the thinking goes that the federal court does not have a federal issue to look at.
We want this point to be very clear- a trial attorney’s failure to object and preserve federal issues can have dire consequences on an a defendant’s appellate rights.
Is there a way to overcome a procedural default?
As discussed earlier, some avenues exist to overcome a procedural default in federal court. One way is by establishing “cause and prejudice.” As stated above, “cause” means that the petitioner must present facts showing that the issue could not have been previously discovered by exercising due diligence to account for failing to raise the issue in state court. Often, an argument for “cause” can be satisfied with a claim of ineffective assistance of trial and appellate counsel. “Prejudice” means the procedural default harmed the prisoner. Lastly, there is also a way to overcome the procedural default by offering proof of “actual innocence.” This standard, however, is difficult to prove.
The responsibility of federal issue “exhaustion” begins with the trial attorney
The best way to fix a procedural default is not to let it happen. This is easier said than done because a defendant may not be aware of the requirement of issue “exhaustion.” An attorney may not be knowledgeable of his or her responsibility to preserve appellate issues for federal review.
If this article clarifies one point, it is that trial attorneys must adequately recognize and preserve federal issues. Courts deny most federal habeas corpus petitions because the issues have not been exhausted in the state courts. If an issue has not been preserved, the issue is foreclosed from review by the concept of “procedural default.”
It is incumbent upon trial and appellate attorneys to understand the federal habeas corpus requirements relating to issue preservation. Attorneys must remember that a defendant may not find relief in the Michigan courts and may have to seek justice in the federal court. Every proceeding in the trial court must be conducted with the writ of habeas corpus in mind. The same goes for the appellate attorney.
How attorneys can be preserve issue for appellate and federal courts
Attorneys must overcome the AEDPA hurdles. To avoid the procedural hurdles of the statute, trial and appellate attorneys must take care to preserve any constitutional issues. The issues must be preserved “on the record.”
Trial and appellate counsel (state level) can make a record of a constitutional issue by:
- filing motions that present the federal issue to the trial court
- objecting on constitutional grounds
- seek evidentiary hearings
Important note: AEDPA states that all claims which could have been discovered using due diligence but were not investigated and presented and preserved at trial are – waived. To prevent that issue, trial counsel should use the discovery process and motions to explore any constitutional issues they believe may exist.
To properly preserve an issue for appeal, an attorney must raise the issue when it occurs and create a record. As emphasized in this article, the Michigan appellate courts can refuse to address any issue, even those with merit, if the issue has not been adequately presented at the trial court.
Remember that if the state courts do not address the issue, the issue is “waived” or not preserved for federal review. The federal court will dismiss the issues on the “adequate and independent state ground” doctrine.
Therefore, a trial attorney must make a record of any constitutional issue. Trial attorneys must continue to broaden their case law knowledge by keeping informed of new federal court and United States Supreme Court decisions. If they do not, they may not even know when a constitutional error occurs during the trial.
The trial attorney must carefully consider that any time they object, they should determine if the objection implicates federal law, especially case law from the United States Supreme Court. The trial attorney should also present the trial facts supporting the constitutional claim. If the facts are unclear, the attorney can request an evidentiary hearing to develop the record. If the trial court denies the evidentiary hearing, the issue is not waived for appellate purposes.
The trial attorney must notice that simply stating “I object” does not preserve the record for a writ of habeas corpus. The constitutional error must be made explicitly clear to the trial court judge. Also, an attorney can waive an issue by conceding to the court’s ruling on an issue. An objection must be clear for the record.
Standard of Review in a Petition for Habeas Corpus
The “standard of review” in a petition for habeas means that the petitioner must show that the state court decision/s on a federal constitutional issue is either “contrary to” or “an unreasonable application” of “clearly established” Supreme Court case law.
The “standard of review” can be found in 28 USC § 2254(d). The federal court will give deference to the state court decisions regarding federal issues. Again, however, under § 2254(d), federal courts may grant habeas relief if the state court decision on the federal issue was “contrary to” or “unreasonable application” of “clearly established” United States Supreme Court precedent.
Conclusion
NOTE: A writ of habeas corpus is one of the last avenues of relief in a criminal conviction.
This article shows how complicated the appeal process can be in the state appellate courts and federal courts. At CZARNECKI & TAYLOR, we know that a writ of habeas corpus may be the last opportunity to challenge a conviction. Your trial attorney must know their duty to properly preserve a constitutional issue for federal court. As explained, your ability to pursue relief in the federal court may not be available if the issue is not preserved. As you can see, an experienced and knowledgeable trial or appellate attorney is paramount to your defense.
The Antiterrorism and Effective Death Penalty Act places a very strict limit on the time a petitioner seeking habeas relief has to file in federal court. Once the state’s highest court has rendered a decision, a petitioner has one year to file in the federal court. There are of course, ways to stop the clock, but they are not the topic of this article. Nevertheless, time is of the essence.
If you or someone you know has been convicted of a crime, the search for justice does not end with the trial or the state appellate courts.
If the appeals process has ended in the Michigan appellate courts, there may be a chance to keep appealing the conviction in the federal courts with a writ of habeas corpus. This article shows that a petition of habeas corpus is a complicated process with very particular standards and rules.
Drafting an appeal, or a writ of habeas corpus, requires particularized expertise. At Czarnecki & Taylor, we understand the appellate and habeas corpus process.
Contact Czarnecki & Taylor
If you are being held by the government and have concerns about your detention, it is important to speak with an experienced attorney as soon as possible. If you believe you have grounds for a writ of habeas corpus or want more information about how to file one, consult with an experienced attorney who can help you navigate the legal process and represent your interests in court.
At Czarnecki & Taylor, we have experience handling every type of Michigan criminal charge. One thing that sets Czarnecki & Taylor apart from other firms is our ability to handle complex appeal cases that require specialized knowledge and experience. Our firm’s impressive track record for success and aggressive Michigan criminal defense is unparalleled for achieving exceptional results.
Call (586) 718-2345 to schedule your free initial consultation. We are available 24/7 and have weekend and evening appointments. Or you can contact us online for a prompt response.