For prisoners who have exhausted all of the State of Wisconsin’s options, there may be a last resort. Those who believe their sentence is a violation of federal law can file a petition for a writ of federal habeas corpus if there are grounds for it. This can only be filed if the prisoner has tried every other option and/or has proof that the state’s process is ineffective or non-existent.

According to the Columbia University Law School’s Columbia Human Rights Law Review, some examples of violations of Federal law and individuals’ constitutional rights include investigation and policing that violates the Fourteenth Amendment right to due process, an involuntary confession that violates the Fourteenth Amendment due process rights, right to counsel violations that violate the Fifth and Sixth Amendments and more.

Keep in mind:

  • The petition must be filed within one year of the prisoner’s last state appeal, but will be extended throughout the process of a state post-conviction appeal.
  • All claims presented to the Federal Court must first be brought before the State Court.
  • A close friend, family member or attorney can file on behalf of an incarcerated individual. This person is called a “next friend” and must establish that he or she has the prisoner’s best interests at heart and that the prisoner cannot bring the petition.
  • If the prisoner has entered a plea bargain, the writ of federal habeas corpus may not be applicable.

Last, but certainly not least, it’s almost impossible to file more than one writ of federal habeas corpus. If you feel the writ of federal habeas corpus may apply to you or a loved one’s case, let the knowledgeable attorneys of Huppertz & Powers, S.C. help you get your petition right the first time.

Contact us today to schedule your free initial consultation.

Share This