State Habeas Corpus

In Missouri, an incarcerated individual may petition for a writ of habeas corpus. The person seeking habeas relief is the petitioner and the other party against whom such relief is being sought is the respondent. Habeas petitions are filed in the county in which the petitioner is incarcerated. Typically, the respondent will be the warden of the prison at which the petitioner resides.

A writ of habeas corpus is sought after the petitioner has exhausted all other state remedies. It can be used to raise claims of actual innocence, Brady violations, and jurisdictional defects.

Although there are no time deadline in which to file a state habeas corpus petition, there are certain procedural requirements which must be met. A state habeas corpus petition cannot be used as a substitution or a “second chance” at a direct appeal or post-conviction proceedings. There are frequently procedural bar limitations which prelude an incarcerated individual from pursuing state habeas relief.