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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112769
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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HOW TO PRESERVE YOUR RIGHTS TO A FEDERAL HABEAS

Customer Question

HOW TO PRESERVE YOUR RIGHTS TO A FEDERAL HABEAS
Submitted: 7 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Please explain your situation and specific questions, as the right to habeas relief is an argument of a person being held illegally and all of their other legal rights have been exhausted.
Customer: replied 7 months ago.
My son had a letter from the last attorney stating he had 12 months to preserve his rights to a federal habeas by filing the state habeas within 12 months. The prison put him in lock for the last month of his filing and he was not able to send the habeas in on time. Does he loose his rights to file a federal habeas after the state habeas has been exhausted?
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
No, once his state rights are exhausted, if he still is arguing his rights have been violated and he is illegally held, then the federal habeas would be filed. If he was physically unable to file his habeas relief on time within the 12 months because the jail refused to allow him to do so, then that is grounds to file it out of time since the prison is not supposed to deny access to any inmate to legal pleadings and legal library access, even during lock down.
Here is a pretty comprehensive habeas corpus guide from CA, but the rules and requirements are all the same for federal courts. See: http://prisonlaw.com/wp-content/uploads/2015/09/FederalHabeasJan2015.pdf
Also see: https://www.id.uscourts.gov/Content_Fetcher/index.cfml/Habeas_Corpus_Instructions_865.pdf?Content_ID=865

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