What is a Federal Habeas Petition?

A Florida inmate can file a habeas corpus petition in United States District Court under 28 U.S.C. § 2254 if the inmate can allege that the detention by state officials violates a federal constitutional right.

An official form for state prisoners to petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 is available, with instructions, here, but know that there is a strict one year statute of limitations.

If an inmate’s habeas corpus petition is denied by the District Court there is no automatic right to appeal to the Federal Circuit Court of Appeals:  the inmate must first receive a Certificate of Appealability (“COA”) from the District Court before the inmate can appeal the denial of the habeas petition.

You can find additional general information about § 2254 petitions here.


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