Eaman & Gabbara, PLLC, represents clients in federal habeas corpus actions. There are two kinds of habeas corpus cases: (1) a habeas corpus petition filed attacking a state court petition, under 28 U.S.C. 2254, and (2) a habeas corpus petition filed attacking a federal court conviction under 28 U.S.C. 2255. There is a strict time limit for filing either habeas corpus petition: A 2254 petition must be filed within one year and ninety days from the date the Michigan Supreme Court decided your application for leave to appeal, and a 2255 petition must be filed within one year and ninety days from the date of your conviction in federal court, or the date the court of appeals denied your appeal. For a petition attacking your state court conviction under 2254, there are two other strict requirements: (1) you cannot raise any issue in federal court that was not raised as a federal issue in your appeal in state court, and (2) you must have appealed your case to the Michigan Supreme Court. There is no requirement under 2255 to appeal your federal conviction or to appeal it to the United States Supreme Court. Because Michigan does not provide counsel to the indigent who wish to file an application for leave to appeal in the Michigan Supreme Court, sometimes the right to file a petition for habeas corpus attacking your state conviction is lost because of the failure to appeal to the Michigan Supreme Court.
We have represented many clients in 2254 actions and 2255 actions in federal court.
The firm successfully appealed the denial of a habeas corpus petition in federal court recently. For a copy of the opinion, click here.