What does Habeas Corpus mean for State Prisoners vs. Federal Prisoners?

Habeas corpus, “The Great Writ,” is a legal mechanism evolved from the common law to ask why a person’s liberty is being restrained. [1] Stated differently, habeas corpus began as an instrument by which due process might be insisted upon by a person who was illegally imprisoned. [2]

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:

FEDERAL HABEAS CORPUS FOR STATE PRISONERS:

Federal habeas corpus by a person in state custody is governed by Title 28 United States Code Section 2254. [3] To obtain relief, the prisoner must show that the state court decision “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” [4]

But what does this mean?

A state court decision is “contrary to” clearly established federal law where the state court arrives at a conclusion on a question of law that is opposite to how the Supreme Court decided the question. [5] A state court “unreasonably applies” clearly established federal law where it identifies the correct legal principle but unreasonably applies it to the prisoner’s case. [6]

The “unreasonable determination of the facts” may be present where the state court decision is based on unreasonable fact-finding. [7] To be clear, the question is not whether the state court’s factual determination was incorrect, but whether the determination was unreasonable. [8] Factual findings may be unreasonable where the evidence was too powerful to decide the case in any way but in favor of the petitioner. [9]

Federal habeas corpus by state prisoners is a difficult standard. As the Supreme Court has noted, “If this standard is difficult to meet, that is because it was meant to be.” [10] Other complications such as the timeframes for filing and first giving the state court an opportunity to hear the claims further complicate the issue.

Nonetheless, relief is possible. If you or someone you love is in state prison and in need of federal habeas corpus, contact Peter Armstrong, Attorney at Law, for a free consultation.

HABEAS CORPUS FOR FEDERAL PRISONERS:

Habeas corpus for federal prisoners is governed by Title 28 United States Code Section 2255. [11] Federal prisoners may move the court for relief on the following grounds: (1) the sentence imposed was in violation of the Constitution or laws of the United States; (2) the trial court lacked jurisdiction to impose the sentence; (3) the sentence imposed exceeds the maximum allowed by law; or (4) the imposed sentence is otherwise subject to collateral attack. [12]

2255 petitions are subject to a one (1) year time limit which starts from the latest of four (4) dates:

(1) the date on which the judgment of conviction becomes final;
(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;
(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence. [13]

A common claim for relief is ineffective assistance of trial counsel. Claims of ineffective assistance of trial counsel require the petitioner to prove deficient performance and resulting prejudice. [14] Prejudice is established where there is a reasonable probability that, “but for counsel’s unprofessional errors, the result of the proceeding would have been different.”

2255 petitions to vacate, set aside, or correct a sentence by a person in federal custody are complicated. Nonetheless, victory is possible. If you or someone you love is in federal prison and in need of 2255 habeas corpus relief, contact Peter Armstrong, Attorney at Law, for a free consultation.

Citations:
1. Edwards v. Vannoy, 593 U.S. 255, 283-84 (2021) (Thomas, J. concurring).
2. Hamdi v. Rumsfield, 542 U.S. 507, 555 (2004) (Scalia, J., dissenting).
3. 28 U.S.C. § 2254.
4. 28 U.S.C. § 2254(d).
5. Williams v. Taylor, 529 U.S. 362, 412-13 (2000) (O’Connor, J., concurring).
6. Id.
7. Gill v. Mecusker, 633 F.3d 1272, 1292 (11th Cir. 2011).
8. Schriro v. Landrigan, 550 U.S. 465, 473 (2007).
9. Miller-El v. Dretke, 545 U.S. 231, 265 (2005); Wiggins v. Smith, 539 U.S. 510, 528-29 (2003).
10. Harrington v. Richter, 562 U.S. 86, 102 (2011).
11. 28 U.S.C. § 2255.
12. 28 U.S.C. § 2255(a).
13. 28 U.S.C. § 2255(f)
14. Strickland v. Washington, 466 U.S. 668, 687-88 (1984).
15. Id. at 694.