Habeas...

[reyespoa]

What is the difference between a state habeas corpus and a federal one?

Can these be filed while on appeal, 3.800 or 3.850?

Thanks...

 

[wcomp]

A state habeas corpus petition is filed under state law in state court. A federal habeas petition is filed under federal law in federal court.

Whether and when you can file one depends upon the details of your case. It's a really good ideat to get help from a lawyer.

 

[seniorjudge]

What is the difference between a state habeas corpus and a federal one?

Can these be filed while on appeal, 3.800 or 3.850?

Thanks...

What are those numbers?

You can file a habeas corpus proceeding at any time unless you are a Confederate and Abe Lincoln is the president!:dgrin

 

[wcomp]

Or Jose Padilla.

 

[ArtSmith72]

You can file a habeas corpus proceeding at any time unless you are a Confederate and Abe Lincoln is the president!:dgrin

What about if you are arrested by our federal government, taken away to somewhere your family does not know, with no charges made, for an indeterminet time?

Our current president has suspended habeas to fight terrorism..... be afraid.