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Marilee Marshall and Associates
Attorneys at Law
Exclusively Criminal Defense Trials and Appeals

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What is a Petition for Habeas Corpus?

A petition for a "Writ of Habeas Corpus" is a petition challenging a conviction based on matters that could not be presented on direct appeal. The right to file a petition for writ of habeas corpus is guaranteed by the Constitution of the United States. Habeas petitions often involve the use of evidence that was not known, or for some reason was not presented in the trial court. This is not simply a matter of retrying the facts of the case. The matter will not be heard by a new jury. The decision whether to grant the writ will be made by a judge . When to file a petition and which court to file it in is an extremely complicated and important decision. The standards for granting a habeas petition are very high. There is a presumption that the lower court acted properly. This presumption can, of course, be overcome but the challenge is a high one. Consultation with an attorney to decide whether and where you should file such a petition is essential and it is important that the attorney you choose has substantial experience and knowledge of both criminal law and appellate law. Our firm has filed many such writs at both the state and federal level, including in death penalty cases. In all instances we have provided high quality diligent representation.

 

 

 

Criminal Law  •  Trials   •   Appeals   •   Writs    

Special Expertise in Murder and other Serious Felonies


 

 

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