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.
Continue reading “How to Preserve Your Habeas Corpus Right in Michigan trial courts.”