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Yes. One remedy is to file a writ of habeas corpus. This procedure is the method by which a person imprisoned by the state can raise a claim of a denial of Federal rights.
Latin for “show the body,” a habeas petition is a collateral—or secondary—attack on a state conviction. Filing a writ of habeas corpus can be used to challenge any unconstitutional incarceration, house arrest, or involuntary admission to a hospital or mental health care facility.
Generally, filing a writ of habeas corpus allows a person convicted in state court the opportunity to have a federal court review the state court’s decision in your case – to see whether the state court violated your federal constitutional rights.
A successful writ of habeas corpus can result in release from imprisonment. Another positive outcome could be a transfer to a different institution, such as from a jail to a hospital.
In criminal cases, a defense attorney usually asks for writs when other forms of appeals are exhausted.
No. Writs can be requested at any time after a criminal prosecution begins.
The purpose of seeking a court order in the form of a writ is to have a higher court consider issues a lower court can’t or won’t. For instance, if a trial court judge refuses to admit a piece of evidence that could prove a defendant’s innocence, the defendant’s lawyer can file a request for a writ of coram nobis, which means “error before us.” When the higher court grants the defense’s request in this instance, it orders the lower court to correct the mistake of excluding evidence that helps the defendant.
The petition must specify what error or injustice occurred and the information necessary to support that claim. It also has to state what a court can do to correct the problem.
Getting help from a Columbus, OH, criminal appeals attorney when preparing a writ petition is highly recommended. The request must take certain forms and include precise information depending on what is being requested. An improperly prepared petition will not achieve the desired outcome.
Four of the most common writs sought in criminal proceedings are the following:
As a criminal defense and appeals attorney in Columbus, Ohio, April Campbell knows how to prepare effective writ petitions. You can schedule a free consultation online or by calling (614) 356-8515.