What is a 2254 Petition for Writ of Habeas Corpus?
If you are serving time in prison after being convicted of violating state law, your arrest, trial, or sentencing may have violated federal law. Perhaps you have exhausted your rights of appeal at the state level, it could be time to file a 2254 Writ of Habeas Corpus. Rather than reviewing the substance of the case against you, 2254 proceedings review the actual process of the trial or your case. A 2254 petition attorney can help you navigate this difficult process.
If you believe you were wrongfully convicted in federal court you would file a habeas corpus petition 2255, while a wrongful conviction in a state court requires a 2254 petition. Although you are challenging a state court decision, the 2254 petition is filed in federal court. After appeals have been exhausted, a 2254 petition may be your last chance to get out of prison before your sentence is up. One cause of action for a 2254 petition is ineffective assistance of counsel during your initial court trial, on direct appeal, or in the first round of state court proceedings.
A 2254 motion is also known as a petition to vacate a sentence. You are essentially seeking relief from your conviction. You must file a 2254 petition within one year from the time your conviction becomes final—when you have exhausted all your appeals. In a 2254 motion, the Federal court is reviewing the actions of the 11.07 appeal courts.
In a 2254 petition, your attorney will state that the state court has departed from standards of jurisprudence. If your 2254 petition is denied, you can appeal that denial to the Fifth Circuit, but essentially the court sees a 2254 petition as your only shot with the Federal court. Having a 2254 petition attorney from Burns & Davis by your side can make all the difference in the outcome of your petition.
What Errors Can Be Addressed Through a Federal 2254 Petition?
Generally speaking, if your Constitutional rights were violated during the course of your trial or appeals, or if you received ineffective counsel, you can file a 2254 habeas corpus petition. As an example, suppose your attorney failed to thoroughly investigate your case, did not object to inadmissible evidence or failed to call a critical witness to testify on your behalf. Any of these could be grounds for filing a 2254 petition.
With the exception of Fourth Amendment claims, only issues related to federal constitutional violations can be raised in a 2254 petition. No issues based solely on state law will be considered by the federal court. The federal court may not consider claims that were not presented to the highest state court.
You typically have one year from the date your sentence becomes final—thirty days after sentencing or after denial of a direct appeal. The 2254 petition must be filed in the District Court for the region where you were convicted. Your petition must clearly state the reasons you should receive a new trial. It will also include case law you are relying upon for relief and any witnesses that would be called at an evidentiary hearing.
Once filed, the district court can reject the petition, or refer it to a magistrate judge. If the 2254 petition is referred to a magistrate judge, further briefing could be ordered from both parties, then an evidentiary hearing would determine whether the petition is granted or denied. Whether you will have a court hearing depends on the issues raised in the petition.
If there is a question as to whether new evidence is credible and would have made a difference in the outcome of your trial, then there will likely be an evidentiary hearing. If the issue is to determine whether the reasons the trial attorney relied on to make decisions were valid, then an evidentiary hearing might be held. In truth, however, the federal court can dismiss a petition without a hearing.
What Happens if I Win My Petition?
If your 2254 petition is successful, you could receive a new trial, new sentencing, or your case could be discharged. Be aware that the government can appeal the decision to the Court of Appeals. The entire 2254 petition process can take from six months to two years. The deadlines for a 2254 petition are extremely strict and can be difficult to calculate. The entire process requires knowledge of the process and experience with habeas corpus petitions. Having a strong Burns & Davis 2254 petition attorney can ensure all deadlines are properly met and that your petition is well-researched, on-point, and compelling, affording you the very best chance of success.
How a 2254 Petition Attorney from Burns & Davis Can Help?
At Burns & Davis, our attorneys are more experienced than many other attorneys because we have a broad depth of knowledge concerning the trial, federal and appellate levels. Further, we have significant experience in niche areas of the law like 11.07, 2254, and 2255 writs of habeas corpus. These are not areas the “average” Texas criminal attorney is familiar with.
Our core values include fierce advocacy and a dedication to quality in all areas of legal services. The Burns & Davis attorneys are prepared for all things and ready for anything. We offer highly strategic planning, whatever your legal issue, fighting cases on multiple levels while preserving the record for appeals if needed. As recognized leaders by peers and clients alike, we believe you will find exactly what you need from Burns & Davis, PLLC. Contact our firm today for a comprehensive consultation.