What is a Writ of Habeas Corpus? This video explains habeas corpus and provides examples of pre-trial and post-conviction writs. Visit https://www.gustitislaw.com for more information about the writ of habeas corpus, the meaning of habeas corpus, and the best criminal defense lawyer in Bryan-College Station, TX.
In this video, criminal defense lawyer Stephen Gustitis answers the question: what is a writ of habeas corpus? He explains habeas corpus in terms of challenging unlawful pre-trial and post-conviction confinement or restraint. Habeas corpus is defined and examples are provided. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including explaining writs of habeas corpus.
A Criminal Defense Blog
Showing posts with label habeas corpus. Show all posts
Showing posts with label habeas corpus. Show all posts
Wednesday, April 17, 2019
Wednesday, March 27, 2019
How to Withdraw a Guilty Plea After Sentencing
This video explains a criminal appeal and how to withdraw a guilty or no contest plea using a motion for new trial or writ of habeas corpus. Visit https://www.gustitislaw.com for more information about criminal appeal, how to withdraw a guilty plea after sentencing, and the best criminal defense attorneys in Bryan-College Station, TX.
In this video, defense attorney Stephen Gustitis explains how to withdraw a guilty or no contest plea following sentencing in a criminal case using a motion for new trial or writ of habeas corpus. The video discusses this appeal route in criminal cases and criminal appeal procedure. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including criminal appeals and withdrawing a guilty or no contest plea.
In this video, defense attorney Stephen Gustitis explains how to withdraw a guilty or no contest plea following sentencing in a criminal case using a motion for new trial or writ of habeas corpus. The video discusses this appeal route in criminal cases and criminal appeal procedure. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including criminal appeals and withdrawing a guilty or no contest plea.
Monday, July 23, 2007
Habeas Corpus Training
For those criminal defense lawyers interested in learning more about litigating the Writ of Habeas Corpus in capital cases, the Habeas Assistance and Training Counsel (HAT) and the Administrative Office of the United States Courts (AO) has announced the Twelfth Annual National Federal Habeas Corpus Seminar. The seminar will be held on August 16-19, 2007. See more on the Capital Defense Weekly post. There will be no tuition for this program and materials will be provided to participants free of charge. Continuing Legal Education (CLE) accreditation for this program will be sought in all applicable jurisdictions.
Wednesday, June 13, 2007
Habeas Corpus in Action
For those interested in the Cathy Lynn Henderson story I commented upon in "Staying on the Cutting Edge," Ms. Henderson was granted a stay of execution by the Texas Court of Criminal Appeals based upon the work of her habeas corpus lawyers. The Court opinion is available here. Despite your views on the death penalty the Henderson case is a perfect example of the writ of habeas corpus in action.
If you recall, the habeas petition asserted that new data interpreting the victim's skull fracture could better support Henderson's claim the death was an accident. Dr. Roberto Bayardo was the Travis County Medical examiner who originally testified against Henderson. Bayardo claimed [the victim's] injuries were inconsistent with an accidental fall but recently, Bayardo reviewed the new scientific data and concluded he "cannot determine with a reasonable degree of medical certainty whether [the victim's] injuries resulted from an intentional act, or an accidental fall."
If you recall, the habeas petition asserted that new data interpreting the victim's skull fracture could better support Henderson's claim the death was an accident. Dr. Roberto Bayardo was the Travis County Medical examiner who originally testified against Henderson. Bayardo claimed [the victim's] injuries were inconsistent with an accidental fall but recently, Bayardo reviewed the new scientific data and concluded he "cannot determine with a reasonable degree of medical certainty whether [the victim's] injuries resulted from an intentional act, or an accidental fall."
Friday, June 8, 2007
Writ of Habeas Corpus
A short time ago, a young man contacted my office who was facing the threat of deportation because he was a non-United States citizen and had been twice convicted of possessing less than 30 grams of marijuana. The second conviction was the problem and we needed to find a way to persuade the trial court to reverse and dismiss this case. The the answer to this young man's problem was the writ of habeas corpus. We filed a writ claiming the young man's original plea was involuntary because the court had failed to advise him of the immigration consequences of his plea.
My May 31st post, "Staying on the Cutting Edge" also concerned the writ of habeas corpus. There defense lawyers were arguing Ms. Henderson's death sentence should be reconsidered because of newly developed forensic evidence. The vehicle through which the defense was making the claim was through habeas corpus.
Often a family member of a loved-one convicted of a crime has contacted my College Station criminal defense firm to inquire about legal remedies available to help the family member get out from under the burden of the conviction. Again, the answer is often the writ of habeas corpus. After a person is convicted, punishment assessed, and the conviction becomes "final," often the only legal avenue to pursue is the writ of habeas corpus. Habeas corpus, or collateral appeal, is a vehicle through which a person can attack the validity of their criminal conviction.
Over the years the criminal courts have limited habeas issues to areas involving fundamental miscarriages of justice, or the denial of certain constitutional rights. Under the United States Constitution and the Texas Constitution, a criminal defendant is entitled to certain specific rights; for example, the right to counsel, the right to compel the attendance of witnesses, the right against double jeopardy or ex post facto laws, the right to be free from cruel and unusual punishments, and the right to have a fair and impartial jury trial while being accorded procedural and substantive due process.
However, even these foundational constitutional claims may be denied on habeas corpus if it's shown at trial, or on direct appeal, defense counsel could have presented those issues but failed to do so. (called procedural default) Consequently, claims of "ineffective assistance of counsel" are often the key issue involved for the protection of a person's constitutional rights on habeas corpus.
A Texas criminal appeal lawyer familiar with appeals and habeas corpus can often give their clients an invaluable and unique perspective on their criminal case, or even their final convictions.
My May 31st post, "Staying on the Cutting Edge" also concerned the writ of habeas corpus. There defense lawyers were arguing Ms. Henderson's death sentence should be reconsidered because of newly developed forensic evidence. The vehicle through which the defense was making the claim was through habeas corpus.
Often a family member of a loved-one convicted of a crime has contacted my College Station criminal defense firm to inquire about legal remedies available to help the family member get out from under the burden of the conviction. Again, the answer is often the writ of habeas corpus. After a person is convicted, punishment assessed, and the conviction becomes "final," often the only legal avenue to pursue is the writ of habeas corpus. Habeas corpus, or collateral appeal, is a vehicle through which a person can attack the validity of their criminal conviction.
Over the years the criminal courts have limited habeas issues to areas involving fundamental miscarriages of justice, or the denial of certain constitutional rights. Under the United States Constitution and the Texas Constitution, a criminal defendant is entitled to certain specific rights; for example, the right to counsel, the right to compel the attendance of witnesses, the right against double jeopardy or ex post facto laws, the right to be free from cruel and unusual punishments, and the right to have a fair and impartial jury trial while being accorded procedural and substantive due process.
However, even these foundational constitutional claims may be denied on habeas corpus if it's shown at trial, or on direct appeal, defense counsel could have presented those issues but failed to do so. (called procedural default) Consequently, claims of "ineffective assistance of counsel" are often the key issue involved for the protection of a person's constitutional rights on habeas corpus.
A Texas criminal appeal lawyer familiar with appeals and habeas corpus can often give their clients an invaluable and unique perspective on their criminal case, or even their final convictions.
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