POSTVERDICTS LAW LIBRARY
What Is a Writ of Habeas Corpus?
Habeas corpus is a legal procedure used to challenge the lawfulness of a person's custody. In criminal cases, a person may ask a court to examine whether a conviction, sentence, or detention violates the Constitution or other governing law.
General educational information only. Not legal advice.
Important terms
A petitioner is the person asking for habeas relief; the respondent is usually the official who has custody.
Custody can include imprisonment and, in some circumstances, other significant restraints connected to the challenged judgment.
A writ is a formal court order. Filing a petition asks for review; it does not mean the court will grant the writ.
Why it can matter
Habeas review can provide a path for constitutional claims after ordinary appellate review is complete.
State prisoners often pursue state post-conviction remedies before seeking federal habeas review under 28 U.S.C. § 2254. Federal prisoners generally use 28 U.S.C. § 2255 to challenge a federal sentence.
Limits to keep in mind
Modern habeas review is governed by strict jurisdictional, procedural, and timing rules. Federal review of state convictions is especially constrained by AEDPA.
A habeas court does not ordinarily retry the case, and legal error alone does not always establish a basis for relief.