Michael Skinner, Michigan Appeal Lawyer
After a criminal defendant has filed and lost his direct appeal in the Michigan courts, he may file a petition for a writ of habeas corpus in the federal courts raising preserved federal issues.
There are complicated rules regarding the filing of federal habeas corpus petitions. A person held in custody by the state may file a petition for writ of habeas corpus in a United States district court to challenge violations of the Constitution or laws or treaties of the United States. There are rules that restrict state prisoners' rights to bring federal habeas cases and rules that restrict the federal courts' powers to overrule state court decisions. Many of these rules went into effect in 1996 as part of the Antiterrorism and Effective Death Penalty Act (AEDPA), which amended the federal habeas statutes that apply to state prisoners.
It is important to consult with an attorney experienced in federal habeas corpus petition. We have the experience to properly raise and preserve your federal issues and litigate them in federal court.
Please contact us with any questions you have regarding the process for filing a petition for a writ of habeas corpus.