ABA Family Legal Guide

Criminal Justice

Court Procedures

Appeals of Criminal Cases

What is a habeas corpus proceeding?

Literally, habeas corpus means "you may have the body." A habeas corpus proceeding challenges a conviction based upon the grounds that you are being held in prison in violation of your constitutional rights. Habeas corpus is not an appeal but a separate civil proceeding used after a direct appeal has been unsuccessful. It is a federal civil proceeding initiated in federal district court. A common constitutional challenge under habeas corpus is that defendants received "ineffective assistance of counsel" at trial, meaning that their lawyers did not do a competent job of defending them. Such a claim is difficult to prove and will require the defendant-appellant to find a different lawyer to argue the incompetence of the previous lawyer. Legal arguments in a habeas corpus case generally are made through written motions, although an evidentiary hearing may be held as needed. Many jurisdictions require that habeas corpus petitions be filed within strict time periods after a decision is rendered on final appeal.