Federal Habeas Corpus Relief  

Habeas corpus petitions serve as the primary vehicle for challenging unlawful detention, wrongful imprisonment, or unconstitutional convictions in state and federal courts. This ancient writ requires sophisticated legal analysis of trial records, appellate decisions, and complex procedural rules governing collateral review. Federal habeas corpus petitions under 28 U.S.C. § 2254 and § 2255 present unique challenges, including exhaustion requirements, procedural default doctrines, and strict statutory deadlines that can bar relief if not properly navigated.


Federal habeas relief allows state prisoners to challenge convictions in federal court based on violations of federal constitutional rights, but only after exhausting all available state court remedies. Federal prisoners may challenge their sentences under 28 U.S.C. § 2255 based on constitutional errors, jurisdictional defects, or sentences exceeding statutory maximums. Successfully obtaining habeas relief requires demonstrating that constitutional violations resulted in actual prejudice or fundamental miscarriages of justice warranting extraordinary federal intervention.

How Our Firm Helps

Our firm provides comprehensive habeas representation by thoroughly investigating trial records to identify constitutional violations such as ineffective assistance of counsel, prosecutorial misconduct, jury instruction errors, evidentiary violations, and sentencing irregularities that warrant relief from unlawful custody. Expert appellate counsel navigates complex procedural barriers by developing detailed factual records, conducting independent investigations, and crafting persuasive legal arguments supported by Supreme Court precedent and evolving constitutional standards. Through strategic litigation and close client collaboration, our firm ensures that all available grounds for habeas relief are preserved and presented effectively, whether challenging state court convictions in federal court or seeking relief from federal sentences. 



Attorney David Lewarchik brings over two decades of habeas corpus experience to every case, having successfully handled more than 200 appeals throughout his career. Mr. Lewarchik is a graduate of a top law school, which provided him with rigorous legal training and superior writing skills. As a former appellate court clerk and staff attorney, Mr. Lewarchik gained invaluable insight into judicial decision-making processes that shapes strategic approaches to habeas litigation. This unique background enables our firm to anticipate procedural obstacles, overcome exhaustion requirements and procedural default doctrines, and present constitutional claims in ways that resonate with federal judges evaluating habeas petitions. By combining meticulous legal research with compelling written advocacy informed by insider judicial perspective, our firm maximizes clients' chances of obtaining release, retrial, or resentencing when constitutional rights have been violated.

Frequently Asked Questions

  • What is the difference between 28 U.S.C. § 2254 and § 2255?

    Section 2254 petitions are filed by state prisoners challenging state convictions in federal court based on federal constitutional violations. Section 2255 motions are filed by federal prisoners challenging their federal convictions or sentences in the court that sentenced them. 

  • What does "exhaustion of state remedies" mean?

    Federal habeas law requires state prisoners to first present their federal constitutional claims to state courts through direct appeal and state post-conviction proceedings before filing federal habeas petitions. This exhaustion requirement ensures state courts have the first opportunity to correct constitutional violations.

  • What is procedural default in habeas corpus?

    Procedural default occurs when a habeas petitioner failed to raise a claim in state court according to state procedural rules, typically barring federal review absent a showing of cause and prejudice or actual innocence. This doctrine prevents federal courts from reviewing claims that were not properly preserved in state proceedings.

  • How long do I have to file a federal habeas petition?

    The Antiterrorism and Effective Death Penalty Act (AEDPA) imposes a one-year statute of limitations for filing federal habeas petitions, generally running from the date state court convictions become final. Strict compliance with this deadline is essential, as untimely petitions are typically dismissed.