An authoritative and practical 2-volume treatise with practical advice and expert analysis from practitioners and subject matter experts. First, a U.S.C. § 2254 allows us to file a petition for Habeas Corpus when the client is in custody under sentence of a state court and is in a state prison.To get a writ of habeas corpus, you must file a petition for a civil (not criminal) proceeding in either state or federal court. A Writ of Habeas Corpus is a civil proceeding that is available in both State and Federal Court to challenge the legality of imprisonment. Of a writ of habeas corpus, the petitioner must show that exceptional circumstances warrant the exercise of the. Next, we outline the State's possible defenses. A federal writ of habeas corpus is a legal remedy available to state and federal prisoners who object to their detention or imprisonment. Click on the file icon to download. How Is Federal Habeas Corpus Different Than an Appeal in State Court? It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review.