Legal Question in Criminal Law in Florida

Habeas Corpus
My fiance' is incarcerated and his appeal's brief is about to be filed by his public defender. He has been advised by some others that he should be filing a habeas corpus, because of new information regarding the case has surfaced. His public defender attorney says that a habeas corpeus filing should come after the filing of an appeal, should the appeal not work in one's favor. My fiance' is being advised by someone else that the a habeas corpeus filing should be filed before the appeals brief, because it moves quicker and could result in a quicker release. I need some advice as to whether the public defender is handling this issue properly.

Asked on 9/12/07, 11:02 pm

Ann Fitz The Federal Law Group

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Re: Habeas Corpus

The appeal has to be filed before the habeas petition. By law, a habeas can be filed only after all other avenues of relief have been explored.

Answered on 9/14/07, 10:05 am

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