Habeas Corpus is a post-conviction remedy that is used to challenge a prisoner’s confinement by asserting that the imprisonment is legally invalid. The vehicle used to petition for Habeas Corpus is usually a writ. A writ is essentially an order from a higher court which directs a lower tribunal or agency to do something. A writ of habeas corpus is commonly utilized to challenge detention by incorporating facts not revealed during the trial. A prime example of this is seen a seminal case dealing with the subject, In re Bell (1942) 19 C2d 488, 501. This case helped solidify the idea that a habeas petitioner is not restricted to the trial court record when trying to make the case that his or her conviction was unconstitutional.
Those considering applying for habeas corpus relief should understand from the start that habeas corpus does not replace actions for asserting other conviction challenges, such as an appeal. In fact, you may appeal your case and concurrently or subsequently file a petition for habeas corpus if necessary. In some cases, an attorney may do a habeas corpus petition while doing an appeal to address factual circumstances that are not appropriate for an appeal.
Habeas law is fairly complex. if you need assistance filing such a petition, speak with the attorney at DWB Law to determine what options may be available to you.