Court Denies Habeas Relief

Ask Your Question For Free

Summary

In Pennsylvanias 3rd Circuit Court, a second habeas corpus petition faces challenges due to the Antiterrorism and Effective Death Penalty Act (AEDPA). Being in custody is essential for habeas relief. If denied, consider a petition for rehearing. Generally, no further documents are needed after filing, but the court may request additional briefs. Always follow court instructions closely.

Full Conversation

the court of appeals is excessively denying a wrongly convicted person his rights to relief on a second habeas corpus unfairly stating he is not in custody when he showed he was.
Hello Jim, I understand your situation. Can you confirm if your appeal was filed in a Pennsylvania court? This information will help me provide you with relevant legal information.
yes 3rd circuit
Hello Jim,
In Pennsylvania, the 3rd Circuit Court of Appeals has jurisdiction over such matters. Here are some points to consider:
- A second habeas corpus can be difficult due to restrictions under the Antiterrorism and Effective Death Penalty Act (AEDPA).
- Being "in custody" is a requirement for habeas relief.
- If you believe there was an error, you may consider a petition for rehearing.
Legal assistance can help navigate this complex process.
once you filed the rehearing there is no brief or anything needs filed right
Hello Jim,
After a petition for rehearing is filed in the 3rd Circuit Court, generally no further documents are required. However, the court can request additional briefs or documents if deemed necessary. It's recommended to always follow the court's instructions closely.