Category: Habeas Corpus

For 11.07 Writ of Habeas Corpus Items

Typically you file the federal 2255 Writ after your conviction is final; however, there are circumstances where you may file the 2255 Writ before your conviction is final. When your conviction is final, it means that your direct appeal has already been filed and you were denied relief, and it also could mean that your…

There are many things that happen after you file your federal 2255 Writ application that you should know about to better your chances of success in seeking freedom for your loved one. Usually, the first step that occurs after the 2255 Writ is filed is that the court examines the writ. The examination is usually…

The 2255 Writ is known by many names: a Motion to Vacate, 2255 Petition, 2255 Writ or sometimes it’s just called a Writ of Habeas Corpus. Nevertheless, it is a critical tool to seek freedom from federal prison. Section 2255 of the United States Code regulates the application and motion writs, so for the purpose…

As you know, I’ve written about the one-year timeline that runs from the time that you are convicted and your direct appeal is final to file your 2255 Writ. There is still hope! Don’t give up! There are other ways that you can pursue the 2255 Writ even after the one year has expired from…

There are methods you can use to leverage the rules of civil procedure in your case to do more than just file your 2255 Writ and wait for the judge to give an order. These methods can include things such as post-judgment discovery. You’ve already been convicted, so it’s not the same kind of discovery…

There are many different types of claims that can be alleged on any writ. One of the most important writs in the federal system is the 2255 Writ, which has many different grounds you can assert. A ground is defined as something which you assert in your 2255 Writ to challenge your conviction in federal…