A post-conviction application for writ of habeas corpus is an extraordinary method of attacking a conviction that has been upheld on appeal. This writ application can be filed when an accused person has been denied his fundamental constitutional rights. Typical grounds for a writ application are ineffective assistance of counsel, prosecutorial misconduct or new evidence establishing actual innocence.
Applications for writs of habeas corpus are filed both in state and federal court. In Texas, a writ application attacking a felony conviction is filed under Art. 11.07 of the Texas Code of Criminal Procedure. In Federal Court the authority for filing the writ application is 28 U.S.C. 2254 when a state conviction is involved or 28 U.S.C. 2255 when a federal conviction is attacked.
Pursuing an application for writ of habeas corpus, in most cases, is truly the last chance a convicted person has. It is crucial to be represented by attorneys with the necessary skill and experience to navigate this complicated area of the law.
In addition to habeas corpus cases, Tom Abbate handles post-conviction issues including:
- Motions for acquittal
- Motions for a new trial
- State appeals
- Federal appeals
- Federal sentencing
- Innocence claims
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