Federal Habeas

Following an unsuccessful result in your post-conviction habeas case in West Virginia, or your PCRA in Pennsylvania, in many circumstances it is possible to present your federal constitutional claims to the federal district court.  In a federal habeas proceeding, a state inmate can present any claims raised in the direct appeal, and the habeas/PCRA appeal for determination.  The federal courts employ very strict timelines, and very unfavorable standards of review; however, for many persons convicted of crimes, this is the last opportunity for review.  It may also be possible to advance a federal habeas case to the Court of Appeals.  Call Attorney Cooper to inquire about the possibility of advancing your claims in a federal habeas petition.