POLS 4720 Lecture Notes - Lecture 4: Habeas Corpus, Suspended Sentence, Fourteenth Amendment To The United States Constitution
19 Apr 2018
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If the habeas petition is filed in due time a state prisoner seeking habeas review in federal court must meet four requirements: custody, a violation of federal law, exhaustion of other remedies the absence of procedural default. Custody - it means the person is currently serving a sentence or is under the control of a parole board, probation officer, or a court imposed suspended sentence. The writ may not be used to attack a conviction that merely imposed a fine or collateral civil disability not resulting in incarceration. Nor may the petitioner attack a sentence that has been fully served. Violations of federal law: a federal habeas petition must be based on a federal violation of the 14th amendment right to due process. Incriminating statements obtained by illegal police interrogation insufficient evidence. Habeas corpus relief is usually unavailable unless the petitioner has exhausted the remedies available in the state courts.
