Understanding The Habeas Corpus Appeal Process
A judge recently denied an appeal to vacate a sentence filed by a former federal worker who claimed that three individuals who testified against him in a case only did so because these individuals had been promised to have their jobs returned. After being convicted of several conspiracy related counts, the defendant is now pursuing an appeal. This case stands as a strong example of the difficulties that many defendants face in successfully arguing writs of habeas corpus.
The Origins of the Conspiracy Conviction
The defendant was a former supervisor with the Department of Homeland Security who was sentenced to several years in prison are being convicted of one count of conspiracy to falsify records in federal investigations, one count of obstructing justice, and five counts of falsifying federal records. After learning that his office was about to undergo an internal inspection 2011, the man was determined to have falsified several reports, which made it look as though work had been performed when none actually had. Following the conviction of these charges, the defendant responded by pursuing a writ of habeas corpus.
The Details of the Defendant’s Habeas Corpus Appeal
As part of a federal habeas petition, the man argued that the government failed to notify him that three workers had received promises for reinstatement provided that they give testimonies about the defendant’s work history.
The opposing side responded that neither court records nor court testimony establish that the workers in question had arranged deals of this nature with the government. Despite a finding against the man’s federal habeas petition, however, the case has left an option for an appeal to be made to a higher court.
The Burden of Proving a Basis for Habeas Corpus Writs
The federal version of habeas corpus is an appellate process during which a federal court reviews the legality of a person’s incarceration. Many times, the habeas corpus process comes after direct appeal.
Federal habeas review, however, cannot be used to either establish or claim any benefits created by a new law. As a result, the federal habeas process is not used to introduce legal issues.
For a writ of habeas corpus to success, a person has to prove more than just errors occurred in the sentencing. Instead, a person must establish that the error that occurred was harmful and had a substantial effect on the ultimate verdict.
Due to the high burdens in successfully arguing a federal habeas corpus, the defendant, in this case, was unable to present evidence that proved the promises for reinstatement existed or that these promises had the effect of ultimately influencing the court’s verdict.
Contact a Federal Criminal Appeal Lawyer
The federal criminal appeal process is particularly challenging, which is why individuals who are engaged in this process should not hesitate to obtain the assistance of a skilled attorney. The habeas corpus is just one of several difficult areas involved with this complicated area of federal law. Contact the Federal Criminal Law Center today to schedule a free case evaluation.