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.