3d 269, 271 "Habeas corpus relief is available to redress a nonjurisdictional claim when there is no adequate remedy at law. The vehicle for questioning the legality of your incarceration is known as a writ of habeas corpus.The process of pursuing this option is complicated. Federal habeas corpus allows you to go into Federal court with a claim that your constitutional rights were violated. Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. This petition, called a writ of Habeas Corpus, is filed in Federal Court (US District Court ) whether you are serving time in a federal or state prison. It allows individuals to challenge their detention in a court of law and provides a check on the executive branch's power. You should use this form if. Unlike a direct appeal, a habeas corpus petition allows you to present new evidence to challenge your imprisonment. Petitioner's December 7, 2005, motion for delayed appeal in the.
