corpus is a procedure under which a federal court may review the legality of an individual¿s incarceration. Federal courts can review state court judgments, however, there are strict time limits within which a prisoner must petition the federal courts for relief.
Since the passage of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA, there has been a one-year limitation period for habeas corpus petitions. Generally, this means that a person in custody pursuant to a state court judgment must file their petition within one year after the judgment becomes final.
The judgment becomes final either at the conclusion of direct review or the expiration of the time for seeking such review. Generally, a judgment of conviction becomes final when the Supreme Court has had an opportunity to review the case or the time for seeking review has expired. If you have sought a Petition for Writ of Certiorari in the U.S. Supreme Court, the judgment and sentence become final on the date the Supreme Court denies the Petition for Writ of Certiorari. Your habeas clock runs from that date. (There are a few exceptions for claims based on newly discovered evidence, newly recognized constitutional rights that are retroactive or the removal of a state¿s illegal impediment to filing.)
In the event you file an application for state post-conviction review , the one year time period is tolled while review is pending in the state courts. The clock is stopped, but will begin to run again on the date the state supreme court denies certiorari review in the post-conviction proceeding, or the time to file a petition for certiorari review in the state supreme court expires.
Even if the one year time period has expired, in limited circumstances there may be a chance for relief under the doctrine of ¿equitable tolling.¿ Circuits that recognize equitable tolling allow late filings in rare circumstances where a prisoner has "diligently pursued" his federal claims and "extraordinary circumstances beyond his control" prevented filing within the one year time period.
This is a very complicated area of law, and if you are contemplating seeking habeas relief, you should seek the advice of an attorney with substantial post-conviction experience immediately, since ¿the clock¿ may be running.
Answered on Nov 20th, 2009 at 12:10 AM