Resources

Generally speaking, an appeal reviews what was done. Were the trial court’s rulings on the admission of evidence correct? Should the judge have sustained defense counsel’s objection? Was the court correct in applying that enhancement from the sentencing guidelines? These are the types of questions which are explored on appeal.

Postconviction petitions can address a wide range of issues, with many issues arguing what should have been done before the defendant was convicted.

Broadly speaking, an appeal is a review by a higher court of what was done at the trial court level. Were the court’s rulings on objections correct? Is the sentence legal? Was evidence properly excluded? Were the jury instructions correct? These are the kinds of questions that get asked in an appeal.

In its current form in federal courts, habeas corpus may be thought of in two ways depending on whether the petitioner is imprisoned in state court or federal court. Let us discuss each.

After a person is convicted or entered a plea, an appeal is normally a matter of right. This same right does not exist at all stages of the proceedings.

Before filing a habeas corpus petition in federal court, state prisoners must first “exhaust” the available state remedies.

This is how we assist elder or infirm inmates with long-term sentences.

Habeas corpus translates to “you shall have the body.” Described as the “Great Writ,” habeas corpus allowed a court to determine the cause for why a person was imprisoned and determine whether the individual should be released or subjected to further proceedings by the state.

After a defendant is sentenced, certain circumstances may lead to a reduction in sentence under Rule 35 of the Federal Rules of Criminal Procedure.