151 Issues to Pursue
The habeas corpus relief checklist is a topical collection of successful constitutional claims which have been presented in a habeas corpus relief petition. The checklist is intended to simplify and offer insights on potential claims to consider when performing a case review.
It is important to remember that to be granted federal habeas relief, an individual must be “in custody,” and alleging that his or her imprisonment is illegal. The illegal incarceration claim may be related to one’s arrest, trial or sentence. However, the claimed issue must be a violation of a federal statute, treaty, or the United States Constitution. For a review of what type of claims may be presented in a federal habeas petition, read my post, What are the grounds for habeas corpus relief?
While it is impossible to list every legal error to investigate when conducting relief analysis, there are some common occurrences to consider. All convicted individuals had some form of police interaction. Each person also progressed though court proceedings and were pronounced “guilty” following a trial or after entering into a plea agreement. Every defendant was then sentenced. Throughout this journey there exists the possibility a constitutional legal error was made. These errors can then be presented in the federal habeas brief, so long as the claim has been properly exhausted. For a review of exhaustion, read my post, What is exhaustion of state remedies?
What is the Habeas Corpus Relief Checklist?
To help locate, research and develop a potential federal habeas claim, the habeas corpus relief checklist contains a listing of successful cases wherein relief was granted. The identified procedural areas analyze the initial police encounter, progress through the conduct of trial, and continues through the sentencing phase.
Within each identified legal area of the habeas checklist, there is one or more applicable cases referenced to support the possible claim. For example, claims related to the denial of self-representation. This area of the checklist identifies cases to review where a defendant was improperly denied his or her Sixth Amendment Right to self-representation. By reviewing the associated case, a defendant can become familiar with the legal standard and subject their event to further analysis and possible claim development.
The checklist offers advisement to look at potential errors occurring in the pretrial, trial, plea agreement and sentencing stages of a defendant’s criminal case.
The federal habeas corpus relief checklist is not intended to replace legal counsel. The list’s purpose is to direct a defendant into reviewing the various procedural phases wherein a habeas claim may be discovered. Notably, many defendants are self-reliant upon pursuing a habeas claim without the expert guidance of counsel. The habeas checklist can to be a great tool for incarcerated individuals who fall into this unrepresented group of defendants pursuing habeas relief. Sign up below to receive your free copy of the habeas corpus relief checklist and get case review started today!