Does the fact that a defendant has been convicted of a criminal offence in a federal criminal case affect his ability to apply for a habeas petition?

MultiRegion, United States of America

The following excerpt is from Humes v. Sacramento Cnty., No. 2:18-cv-428-EFB P (E.D. Cal. 2019):

512 U.S. at 486-87 (footnote omitted) (emphasis added). Nor does it matter - as plaintiff seems to imply - that he has missed his temporal window to challenge his felony conviction by way of a habeas petition. See Cunningham v. Gates, 312 F.3d 1148, 1153 n.3 (9th Cir. 2002).

Other Questions


Does a habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his confinement in a state prison? (MultiRegion, United States of America)
Does a habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his sentence? (MultiRegion, United States of America)
Is Section 2254(d) of the Federal Criminal Code sufficient to establish that the federal habeas proceedings are the principal forum for asserting constitutional challenges to the conviction of a convicted criminal? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
What is the test for a federal court to grant relief to a convicted criminal defendant who has been convicted and sentenced in a federal civil case? (MultiRegion, United States of America)
Is a revocation of probation imposed on a previous criminal conviction as a result of a new criminal conviction treated as one sentence for purposes of calculating a defendant's criminal history? (MultiRegion, United States of America)
What remedies are available to a state criminal defendant who has been convicted of a federal offence under Section 1983 of the Criminal Code? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.