Post-Conviction Applications for Writs of Habeas Corpus
A post-conviction application for writ of habeas corpus is an extraordinary method of attacking a conviction that has been upheld on appeal. This writ application can be filed when an accused person has been denied his fundamental constitutional rights. Typical grounds for a writ application are ineffective assistance of counsel, prosecutorial misconduct or new evidence establishing actual innocence.
State and Federal Writs
Applications for writs of habeas corpus are filed both in state and federal court. In Texas, a writ application attacking a felony conviction is filed under Art. 11.07 of the Texas Code of Criminal Procedure. In Federal Court the authority for filing the writ application is 28 U.S.C. 2254 when a state conviction is involved or 28 U.S.C. 2255 when a federal conviction is attacked.
Very few attorneys represent persons on post-conviction writs of habeas corpus. At Sorrels, Udashen & Anton we have developed a particular expertise in this area of the law. We handle writ applications in both state and federal court.
Typically, our office is contacted by an accused person or his or her family members when a conviction has been affirmed and the current lawyer is unable to continue with the representation. We will thoroughly review the records of the accused person's trial and investigate the case with the goal of finding the type of fundamental constitutional error that will lead to a successful application for writ of habeas corpus.
The Last Chance
Pursuing an application for writ of habeas corpus, in most cases, is truly the last chance a convicted person has. It is crucial to be represented by attorneys with the necessary skill and experience to navigate this complicated area of the law.
In addition to habeas corpus cases, our law firm handles all post-conviction issues, including:
- Motions for acquittal
- Motions for a new trial
- State appeals
- Federal appeals
- Federal sentencing
- Innocence claims
To arrange for a consultation about your post-conviction issue, please call Sorrels, Udashen & Anton at 214-468-8100 or contact us by e-mail.
From offices in Dallas, our criminal defense attorneys represent clients in post-conviction matters throughout Texas and the United States.