Henak Law Office, S.C.
  Criminal Appeals, Post-Conviction Remedies, Federal Habeas Corpus

Contact Us:
316 N. Milwaukee St., #535
Milwaukee, WI 53202
Phone: (414)283-9300
Fax: (414)283-9400
Experience. Creativity. Integrity.
Petition for Writ of Habeas Corpus in State Circuit Court

Habeas corpus literally means "you shall have the body." It is most frequently used to ensure that a person's imprisonment is not illegal. The habeas court's review is limited to determining whether the order resulting in the restraint of liberty was made in violation of the constitution or whether the court that issued the order lacked the jurisdiction or legal authority to do so.

A habeas petition in state circuit court is different than a habeas petition in federal court, or even than a habeas petition in the state Court of Appeals. Most constitutional issues are raised in a direct appeal or collateral attack. However, a petition for writ of habeas corpus in state circuit court is the appropriate procedure to raise constitutional challenges to revocation proceedings that require the presentation of evidence outside the record of the revocation proceedings. Examples would include allegations that counsel was ineffective or that the defendant was not competent to assist in his or her own defense.
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