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 and then check his or her record at the Florida State Bar.

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