Yes, there is another important legal avenue and that is seeking a writ of habeas corpus in federal court. Habeas corpus is a Latin term literally meaning you have the body. In a writ of habeas corpus, a defendant collaterally challenges his underlying conviction (often in state court), alleging that there were constitutional violations committed during his trial.
For example, a defendant may allege that his underlying conviction should be overturned because his Sixth Amendment right to receive assistance of counsel was denied. This is often called an ineffective assistance of counsel claim. Or the defendant may show that the prosecution unlawfully refused to disclose exculpatory evidence over to the defendant’s attorney. Or the defendant may contend that the trial judge violated the defendant’s due-process rights by holding the proceedings in a manner fundamentally unfair to the defendant.
- What is a post-conviction proceeding?
- If an appellate court reverses a trial court, what happens next?
- What is the direct appeal?
- What is an appellate brief?
- What is the record?
- Is there a time limit on appeals?
- What are some commonly alleged errors in criminal trials?
- What further legal options are available to a person once convicted?
- What factors does a judge consider in determining sentencing?
- How does a judge determine whether sentencing is concurrent or consecutive?
- What is the difference between serving sentences concurrently or consecutively?
- What is time served?
- If a defendant is sentenced to three years, how much time will the defendant actually serve?
- What is a suspended sentence?
- Does it matter if a person has prior convictions?
- What happens after a person is convicted?
- If the jury convicts the defendant, what are the defendant’s options?
- Why are jury instructions important?
- Can the jury receive written copies of the judge’s instructions?
- What happens with the attorneys proposed jury instructions?
