What is a habeas corpus proceeding?
Habeas corpus is latin for “to hold a body”. This proceeding challenges the constitutionality of your conviction. Habeas corpus is not an appeal but a CIVIL proceeding used after a direct appeal has been unsuccessful. The most common constitutional challenge under habeas corpus is that you have received “ineffective assistance of counsel”. Other challenges may be that the sentence was imposed in violation of the law or beyond the statutory limitations. Such claims are difficult to prove and will require you to find an attorney that is successful with these strategies. Habeas arguments are generally done through written motions.
