Petitions for Hebeas corpus

 

Frank D. Eaman, 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.


Frank D. Eaman, PLLC, has 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.