Habeas corpus is a legal action where a person challenges the basis for their confinement. It's used by a person who is held in custody by a governmental authority. Most often, this means someone in prison, who's been convicted of a crime. The first step is filing a petition for a writ of habeas corpus.

The habeas corpus process starts after the direct appeal process is finished. It's a separate proceeding. The prisoner, or petitioner, is claiming something went wrong with the legal process and ended with his imprisonment. Generally the petitioner must be in custody when the petition is filed.

Violation of Federal Law Requirement

There must be a violation of federal law for a court to issue a writ of habeas corpus. A violation of state law may not be tried unless it rises to the level of a federal constitutional violation.

Federal Habeas Appellate Review

In a habeas corpus proceeding, the final order is subject to review, on appeal, by the court of appeals for the circuit in which the proceeding is held.

Standard of Review

The standard of review defines how an appellate court looks at each issue it reviews. Trial or district courts make factual and legal determinations. In an appeal of a habeas corpus decision, an appellate court will review the district here are factual and legal determinations from the district court. In an appeal of a habeas corpus decision, an appellate court will review the district court's decisions de novo,  or anew. This means the appellate court hears the legal issues without giving any weight to how the lower court decided those issues.

Factual determinations of the district court are reviewed for clear error. Prior factual determinations by the state courts aren't reviewed for clear error. Those determinations are given considerable deference. If issues weren't raised in the district court, or were dropped earlier, they can't be raised on appeal.

De Novo Review

An appellate court will review the legal determinations of the district court de novo. It is free to substitute its own judgment about whether the lower court correctly applied the law. De novo review means there's a higher chance of reversal.

Some of the questions of law reviewed under the de novo standard include whether the trial court had subject matter jurisdiction, whether a complaint or petition states a claim upon which relief can be granted, whether the court properly granted a motion for directed verdict or for judgment notwithstanding the verdict and whether the trial court properly granted summary judgment.

Clear Error

Factual determinations of the district court are reviewed for clear error. The district court's finding won't be reversed unless it made a decision based on a plainly erroneous understanding of the facts. For example, if a district court found a defendant was at a certain place, the appeals courts won't reverse that finding unless it was obviously against clear and undisputed facts.

Review of Factual Determinations by State Courts

Appellate courts give much deference to a state court's decisions on factual issues. A factual determination won't be reversed unless it's unreasonable.

Questions for Your Attorney

  • Can the final decision in a habeas corpus case be reviewed?
  • What is the standard for review will a court use in my case?
  • How will a reviewing court look at the factual and legal decisions in my case?