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is it a good idea to file a habius corpus in federal court along with a motion to hold it inobeyance until all issues are exhausted in the lower state courts
Asked on May 22, 2009 under Criminal Law, Florida
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
That is not a question that should be responded to either way unless someone has reviewed your particular case, the charges, your priors, any relationship or similarity of any priors to current charges, why you are seeking habeas corpus, etc.
You may be able to file but it may be kicked back because state court hasn't been exhausted.
It truly depends on your circumstances. Have you spoken with or conferred with your public defender? Do you have private counsel? If not, think about consulting with a private criminal defense attorney. Try www.attorneypages.com and then check his or her record at the Florida State Bar.
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