Habeas Corpus – Responsibilities and Duties of the trial lawyer
Definition: Latin for “you have the body.” The writ of habeas corpus is a petition that directs state law officials (for example, warden) who have custody of an inmate to appear in court to determine whether the prisoner is being held unconstitutionally.
The federal writ of habeas corpus is often the final chance for a defendant to challenge his or her conviction in federal court after the Michigan state courts have denied relief. The writ of habeas corpus for a state inmate challenging a state conviction is governed by 28 USC 2254. Link to Habeas Statute
This article is going to discuss habeas corpus petitions filed by state
prisoners in federal court pursuant to 28 USC § 2254 wherein a Michigan prisoner asserts that his or her incarceration or detention by Michigan state officials violates one or more federal constitutional rights.
Most importantly, this article will explain why the trial attorney must preserve any federal issues for appellate review.
CZARNECKI & TAYLOR successfully appealed our client’s wrongful convictions in the Michigan Court of Appeals and Supreme Court. The Courts overturned our client’s 4 convictions. Following a jury trial, our client had been convicted of four counts of third-degree criminal sexual conduct, MCL 750.520d(1)(a). The trial court sentenced the Defendant to 5 to 15 years’ imprisonment for each conviction.
An experienced Michigan criminal appeal lawyer fights for fairness. Everyone in the United States accused of a crime has the fundamental right to a fair trial. Unfortunately, this does not always happen. In many criminal cases lawyers and judges make mistakes that deprive a person of a fair trial. Fortunately, anyone convicted of a crime has the opportunity to appeal his or her conviction to correct an unfair result. A Michigan criminal appeal lawyer seeks to achieve to correct an unjust result. Often a conviction can be overturned, a new trial can be granted, a sentence can be reduced, among other remedies.
This article is about the criminal appeal process from an experienced Michigan criminal appeal lawyer. The process is complicated and does require a great deal of explanation. Unlike a trial, the appeal process is focused on correcting any legal errors that have occurred during a plea or trial. This article is an introduction into the Michigan appeal process. the primary focus is on an appeal by right, that is, an appeal after a jury returned a guilty verdict.