Criminal Law-Habeas Corpus
After sentencing and after all appeals have been exhausted, a criminal defendant may pursue another avenue in order to have his or her case reviewed. That avenue is what is referred to as a habeas corpus petition. The term habeas corpus literally means “you have the body.” A habeas corpus petition is one requesting that the court compel the government to justify or explain what may appear to be some irregularity in the prosecution of that defendant. That is, a defendant who has been tried in state court and found guilty may appeal that conviction up through the state court system, through the intermediate court of appeals, if one exists in that state, and then to the high court of that state.
After having exhausted those appeals, he or she may file a petition for habeas corpus in federal court requesting that the federal judge direct the state authorities to show why this defendant should not be released from incarceration because of what may be deemed to be some irregularity in that state court prosecution. Although habeas corpus petitions were much more common years ago, the courts more recently have somewhat restricted the rights of defendants to pursue that type of relief.
