After exhausting all appeals, many prisoners seek relief through federal habeas corpus. As stated, this is a federal court remedy open to both state and federal prisoners. Of course, each group would approach federal habeas relief in a different method, but the purpose is the same: to vacate a criminal judgment.
Federal habeas corpus is a limited remedy that, like an appeal, attacks the criminal judgment but with a different focus. It’s called a “collateral attack” because it attacks the criminal judgment from a different angle than a direct appeal. To be clear, federal habeas corpus is not a different type of appeal. Issues that could have been presented on appeal cannot be raised in a federal habeas corpus petition, even if an appeal was waived under a plea deal. Instead, the claims would be “defaulted,” and the individual would have to work around that.
This usually results in a claim in a federal habeas petition for ineffective assistance of counsel (IAC). The Supreme Court has ruled that an IAC claim is best addressed in a federal habeas corpus petition, and that omitting to raise it on appeal does not result in a procedural default. Because IAC claims are typically founded on facts that are not part of the existing criminal record, the record must be developed around the claim, and the best way to do so is through federal habeas corpus.
One of the crucial aspects of federal habeas corpus is that there are ways to develop the criminal record in connection with an IAC claim that do not exist under any other procedure. There is discovery, evidentiary hearings, affidavits, and other techniques of building the record for an IAC claim through federal habeas corpus, just like in a civil case. However, direct appeal allows none of this, so an IAC claim on direct appeal would be denied to allow it to be presented later in a federal habeas corpus petition.
One of the most difficult aspects of challenging a criminal decision through federal habeas corpus is the procedural hurdles. The standard for a successful IAC claim is substantially higher than the standard for a successful direct appeal. Furthermore, the federal courts are hesitant to call a state court’s ruling in a criminal case into question. In fact, the Supreme Court has often stated that federal courts must accord “great deference” to state court decisions in criminal matters.
However, relief is not beyond reach. Every week, I see multiple federal habeas corpus petitions granted in court case reports. The goal is to not only properly articulate the allegations in a federal habeas corpus petition, but also to follow federal habeas procedure. Too often, excellent claims are rejected by the courts simply because they were not pursued correctly.
I’ve been handling federal habeas corpus cases for over 15 years. I’ve been successful mostly because I studied federal habeas procedure. Unfortunately, this required a significant amount of time, which most people do not have when it comes to federal habeas corpus. After all, there is a one-year deadline for filing a petition. I studied habeas procedure for two years before attempting my first petition (which, by the way, was successful).
Contact me if you don’t have time to research habeas procedure before filing a federal habeas corpus petition for yourself or someone else. I can assist you not just in navigating the minefield of habeas procedure, but also in putting together an argument that will give you the best opportunity of obtaining relief.
Dale Chappell prepares people in sensitive, high-profile, and high-stakes federal cases for prison. He works with clients, families, and attorneys during pretrial, throughout incarceration, and during the transition to halfway house placement, home confinement, and supervised release.
Dale brings more than 17 years of experience, firsthand knowledge of the federal prison system, and experience testifying at high-profile public hearings on prison and criminal justice issues. He helps clients protect their safety and privacy, avoid decisions that can follow them throughout their sentences, and prepare for the strongest possible outcome at every stage.
Dale has written nearly 600 published articles on federal prison, post-conviction, and criminal justice issues.
Have questions?
Email Dale directly at dale@dale-chappell.com.
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