Writ of Habeas Corpus
A writ of habeas corpus is another means to fighting the legality of one’s incarceration or proving actual innocence. This area of the law is highly specialized and many lawyers are not experienced in filing this type of case. A writ of habeas corpus is based solely on the constitution and whether a sentence is unconstitutional. Filing a writ requires an experienced and creative attorney who knows what to file. You need an experienced lawyer to fight a conviction or a sentence and I have the experience you deserve.
What is a Writ of Habeas Corpus
Essentially, a writ of habeas corpus is a legal means for any person who is restrained in his liberty to challenge an unlawful restraint. In Texas there are several different kinds of writ that may be filed depending on what kind of conviction someone has received.
Issues That May Be Raised in a Writ of Habeas Corpus:
Below are just some examples of claims that may be raised on a writ of habeas corpus. In order to know what claims may be raised to fight your case, you need a lawyer with experience in filing writs of habeas corpus. Contact me today to set up an appointment today. Time is important!
- Ineffective Assistance of Counsel
- Counsel denied client right of appeal
- Counsel failed to convey plea offer from the State
- Counsel failed to conduct pre-trial investigation
- Counsel failed to hire an expert
- Counsel failed to call a witness
- Brady Violation and Prosecutorial Misconduct
- Brady evidence is exculpatory information that is material to the case. The State is required to give the defendant all exculpatory, material evidence before trial. If the state does not do so, the case may be reversed
- Perjured Testimony
- Actual Innocence Based on Newly Discovered Innocence
- In many cases, evidence is discovered after an individual is convicted showing that they are innocent. If this evidence was not known to the defense before trial, a writ of habeas corpus would be the proper legal means to present this information to the court.
- Involuntary Pleas
- Other Constitutional Claims:
- Illegal Sentence
- Double Jeopardy
- New federal law that was not previously available to the state defendant
Time is Important
The Antiterrorism and Effective Death Penalty Act of 1996 limits the time that a state prisoner seeking habeas relief has to file in federal court if their state habeas claim is denied. Essentially this means that once the last appellate decision is filed by a State Appellate Court (either Court of Criminal Appeals or Court of Appeals) a state prisoner has one year to file in a federal court, but you must first file in state court. Once a state writ is filed, this one year deadline stops ticking until the state writ is denied. This means time is critical and you must have an experienced lawyer working on your behalf.