Experienced Post-Conviction And Habeas Corpus Representation
Sometimes, state courts get cases wrong. They will convict innocent people or apply the law improperly. When that happens, a person can file a writ of habeas corpus asking a federal court to release him or her from custody. These federal habeas corpus proceedings are legally complex and have a difficult legal process. You will need a diligent habeas corpus attorney like Keith Gore, Lawyer, to help you or your loved one through the process.
What Is Habeas Corpus?
The writ of habeas corpus is older than the United States of America. Our constitution promises that this right for prisoners to seek release will be protected, except in extreme circumstances. Federal habeas corpus law allows federal district court judges to review convictions entered by state courts. They will decide if the arrest and detention was lawful. If the state court messed up, the federal judge can set the prisoner free.
To be released under a writ of habeas corpus, you and your criminal defense attorney will need to show that your detention is “contrary to, or involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States.” Since the 9/11 terrorist attacks, the federal government has also denied habeas corpus to anyone suspected or identified as an “enemy combatant.”
Texas Habeas Corpus Proceedings
Texas law allows prisoners to file petitions for writs of habeas corpus in state court after a conviction has been entered. Keith Gore, Lawyer, can help you file the writ if your state conviction was because of the “ineffective assistance of counsel” or newly discovered evidence.
Ineffective Assistance Of Counsel
If your trial attorney didn’t give you quality representation, he or she may have caused you to take a plea you didn’t understand or wasn’t in your best interest. Or he or she may have failed to raise defenses and arguments at trial, resulting in your conviction. A Texas writ of habeas corpus allows the state court to review your conviction and the work the lawyer did for you.
Newly Discovered Evidence
Sometimes, evidence will come to light long after your case is over. If that evidence would have changed your conviction, Keith Gore can help you file a petition, asking the court to review that evidence. If the court agrees, your conviction would be set aside.
Grounds For Release Under Federal Habeas Corpus
There are five reasons a federal court may grant a writ of habeas corpus and release a person from custody according to the federal statute 28 USC 2241.
- He is in custody under or by color of the authority of the United States or is committed for trial before some court thereof.
- He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States.
- He is in custody in violation of the Constitution or laws or treaties of the United States.
- He, being a citizen of a foreign state and domiciled therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations.
- It is necessary to bring him into court to testify or for trial.
A writ to testify under No. 5 is usually for a very short time, and will often involve a transfer between law enforcement personnel, rather than a release from custody.
Hire Keith Gore, Lawyer, For Your Habeas Petition
Many petitions for writs of habeas corpus are filed by inmates, on their own, with little assurance of success. By hiring Keith Gore in McKinney, Texas, to help you or your family member file your petition, you will get the benefit of expertise and experience. Keith Gore will help you understand the process and your chances of success before you file. If you have a strong case, he will fight for your freedom in the courts. Call 972-924-5665 to discuss your situation.