Federal Habeas Corpus

Federal Habeas Corpus
A person who is in custody based on state court convictions may challenge their convictions on the ground that there was a violation of their federal constitutional rights under 28 U.S.C. § 2254.
For a claim raised in state court proceedings, a habeas petitioner may not be granted relief unless the decision of the state court involved:
(1) An unreasonable application of clearly established law as determined by the United States Supreme Court; or
(2) An unreasonable determination of the facts in light of the evidence presented at the state court proceeding.
The federal habeas courts are highly deferential to state court judgments, and claims based on state law may not be raised.
In narrow circumstances, a petitioner may be able to raise federal constitutional claims which were not raised during state court proceedings.
* There are strict timelines which govern these filings.
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