There is a oneyear time limit to file a federal habeas corpus petition under 28 USC s. 2254 (for state prisoners) or a motion under 28 USC s.The Antiterrorism and Effective Death Penalty Act (AEDPA) establishes a one-year period for filing a § 2254 petition for a writ of habeas corpus. A person held in a secure facility under this part may file a petition for habeas corpus in the circuit court for the county in which the facility is located. The good news is that the statute's 365 day time limit often actually lasts much longer than 365 days after conviction. The writ of habeas corpus in a Marchman Act can be filed at any time and without notice.