Upon receipt of the appropriate filing fee or if permission to proceed in forma pauperis has been granted, your petition will be filed if it is in proper order. If you want to submit any legal arguments, you must submit them in a separate memorandum.Our criminal appeals lawyers can help you file a successful habeas petition to challenge a wrongful conviction or unjust sentence from any Georgia court. A habeas corpus proceeding is a procedure for challenging the legality of a person's restraint or detention. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus. To raise an issue in a federal habeas petition, the issue must be raised and exhausted in state court. Hence, Mr. Smith is filing this petition. The organization filed its habeas corpus petition on behalf of Happy on Oct. Judicial bodies began using habeas corpus to oversee the king's high courts, first doing so in a conciliatory manner. There is also a separate method of challenging the legality of punishment with a petition for a writ of habeas corpus.