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Habeas Corpus

New Haven Habeas Corpus Lawyer

Habeas Corpus is infinitely one of the more vital writs to date that is available to defendants which allows them to address their convictions and sentencing. The Writ of Habeas Corpus affords the defendant the ability to challenge pretrial, trial, and appellate issues that they were unable to previously address. In the state of Connecticut, it can be increasingly difficult to succeed with a Habeas Corpus petition, especially on the state level. It is important when considering the filing of a Habeas Corpus petition that you understand the process and properly file your legal documents in a timely manner as there is a statute of limitations for this filing.

Timeline To File

If you are challenging a conviction in your petition, you have 1 year from the date of conviction to file. If you are seeking to file a petition beyond the one-year statutory limit, you will need to provide an explanation as to the late filing according to USC 2244-D. The one-year limitation to file starts:

  1. The day your judgment was finalized (includes post-review period if any)
  2. The date a constitutional right was violated that impeded the filing
  3. The date a constitutional right violation was acknowledged by the supreme court
  4. The date a factual piece of evidence was discoverable through due diligence
    Source

What Are Some Of The Issues You Can Raise?

  • Inadequate/Ineffective Assistance Of Counsel
  • Illegally obtained convictions
  • Illegally obtained sentencing
  • Violation Of Defendants Rights
  • Suppressed witness statements
  • Retracted/Redacted/Undisclosed witness statements
  • DNA Evidence
  • Law enforcement, prosecutorial errors
  • Law Enforcement, prosecutorial or government misconduct
  • Newly discovered evidence
  • Suppressed evidence
  • conviction obtained by plea of guilty which was unlawfully induced or not made voluntarily with the understanding of the nature of the charge or the consequences of the plea;
  • Conviction obtained by use of coerced confession;
  • Conviction obtained by use of evidence gained pursuant to an unconstitutional search and seizure;
  • conviction obtained by use of evidence obtained pursuant to an unlawful arrest;
  • Conviction obtained by a violation of the privilege against self-incrimination;
  • Conviction obtained by the unconstitutional failure of the prosecution to disclose evidence favorable to the defendant;
  • Conviction obtained by a violation of the protection against double jeopardy;
  • Conviction obtained by the action of a grand or petit jury which was unconstitutionally selected and impaneled;
  • Denial of effective assistance of counsel (except during federal or state collateral post-conviction proceedings); and
  • Denial of right of appeal.

Source

What You Need To Include In Your State Habeas Corpus

It is extremely vital that you follow the requirements of the petition to the letter. If any item is left out, it will get denied. Here are some items you may be required to include:

  • Original motions
  • Original pleadings
  • Original correspondence
  • Original filings

**In addition, a Certificate of service that you provided respondents with a copy of the Habeas Corpus petition.

Grounds For Relief

One very crucial part of your petition is the grounds.  You must include absolutely every possible ground for relief at the time of filing. You must list, in detail, your specific challenges to the conviction, sentencing, or parole and you must support these submissions with facts that are able to support every ground you cite. If the latter is not completed carefully, correctly and in detail, you may never be able to raise grounds again at a later date.

Complex Nature Of Habeas Corpus In Connecticut

Filing a petition for Habeas Corpus is a complex filing.  This is often the last resort for some defendants and their last lifeline.  The stress, anxiety, and emotional pain that a family endures during the course of an allegation, trial, and conviction are devastating so, the process for filing this petition comes with heavy heels. It is highly recommended with the critical nature of filing a writ that you and your loved ones be well prepared for this journey and well equipped. Having an experienced Connecticut Habeas Corpus attorney can make the process easier to complete.

Call us for a consultation

FAX: (203) 774-1029
RACHEL MIRSKY
Mirsky Defense
65 Trumbull St 2nd FL
New Haven, CT 06510

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