13-a-4 Which Laws Apply to Federal Habeas Corpus?

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

13-A-4. Which Laws Apply to Federal Habeas Corpus?

You can find all of the laws covering federal habeas corpus in 28 U.S.C. §§ 2241-66. Section 2241 is the habeas corpus statute, which gives courts the authority to release prisoners who are being held in violation of the Constitution. Sections 2242 and 2253 deal with issues relating to a habeas petition, such as evidence and appeals issues. There are additional statutes that apply separately to state and federal prisoners, in Sections 2254 and 2255 respectively.³ When a state prisoner brings a habeas petition, he brings it under 28 U.S.C. & 2254.⁴ When a federal prisoner brings a habeas petition, he brings it under 28 U.S.C. & 2255.⁵ In some circumstances, a federal prisoner may bring a habeas action directly under 28 U.S.C. & 2241,⁶ without using Section 2255. Additionally, in cases where the defendant faces the death penalty, special procedures in 28 U.S.C. §§ 2261-66 may be used if the state meets certain standards. See Part F ("How to Get Help from a Lawyer") of this Chapter for more information. There are also special rules governing procedures for filing and litigating habeas corpus cases. These can be found in the rules that govern each statute, called the "Rules Governing Section 2254 Cases in...