Q: What is the stattute of limitations to file a state and federal habeas
A:
Dear ?,
A petition for writ of habeas corpus in federal court must be filed one year from the date on which the state court conviction became "final" as that term is defined by federal law. The state court conviction is "final" for federal habeas corpus purposes 1) if there is no petition to the U.S. Supreme Court, 90 days after the state supreme court refuses to hear the case or 90 days after the state supreme court issues its decision on the merits, or 2) if there is a petition for certiorari to the U.S. Supreme Court, then the conviction is "final" when the high Court either denies the petition (refuses to hear the case) or when the high Court issues its decision on the merits.
There is apparently no time limit on a state petition for writ of habeas corpus.
Yours sincerely,
Tim Provis
Cal. Bar No. 104800
Wis. Bar No. 1020123
Member: u.S. Supreme Court Bar
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
