South Carolina 2241 Petition Federal-State Prisoner Instructions (PDF)
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FAQ
Section 2241 habeas corpus petitions must be filed in the district where the prisoner is confined, and are litigated by the U.S. Attorneys' Offices in the districts where the petitions are filed.
A: 28 USC 2241 should be used for challenges related to the execution of the sentence, while section 2255 should be used to attack the validity of the conviction. Any challenge to conditions of confinement is properly brought under 28 USC 2241.
What is a 2241 motion? A 2241 motion is a mechanism whereby one can complain of being unlawfully detained for any number of reasons recognized by law. A typical case is an improper calculation of sentence credits leaving a defendant to serve more time in prison than is proper.
Typical examples where a court has granted a habeas corpus petition include claims of new evidence discovered in the case, ineffective assistance of counsel, prosecutorial misconduct, incompetence to stand trial, and challenging conditions of confinement.
§ 2241. (a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions. The order of a circuit judge shall be entered in the records of the district court of the district wherein the restraint complained of is had.
Section 2241 of Title 28 of the United States Code (?28 U.S.C. § 2241?) permits courts to issue writs of habeas corpus where a prisoner establishes that he is in custody in violation of the Constitution or laws or treaties of the United States.
A §2255 motion is a ?collateral? or indirect challenge to the judgment or sentence against you attacking the conviction or sentence as unconstitutional or contrary to federal law; it is a proceeding separate from your criminal conviction or sentence that is used to challenge the conviction or sentence on certain