Fed habeas begins by federalizing your state issues:
FAQ on Federalizing Issues in the AOB
Frequently Asked Questions that staff attorneys field on federalizing issues and federal habeas corpus relief. Posted: 04/21/08
How To Get Ahead In Federalizing
This article provides an in-depth discussion of the what, why, and how of federalization. Posted: 05/13/10
A View of State Criminal Appeals From the Federal Habeas Side
This article provides a discussion of cases from the U.S. Supreme Court on preserving issues in state court for clients who may seek federal habeas relief. Posted: 08/22/11
Gail Weinheimer’s Federalization Table (revised Dec. 2010)
A comprehensive list of federal case authorities for “garden variety” errors that may violate the federal constitution.
Useful federalization links:
Federal Habeas Forms
Generally, counsel should send the three forms listed here to help state prisoners initiate a federal habeas corpus petition:
1. Generic Habeas Corpus 2254 Petition Form
This generic federal habeas form can be used by state prisoners in any Federal District Court (28 U.S.C. § 2254), although most of the district courts have their own 2254 habeas petition and IFP forms on their individual websites.
2. Request to Proceed In Forma Pauperis (IFP) Application
The IFP form is critical, even if the client can afford the $5 filing fee for a federal habeas petition. The client must have “in forma pauperis” status to be eligible for appointment of counsel. In addition, if the client loses in district court and wants to appeal to the U.S. Court of Appeals, s/he can avoid the hefty filing fee for an appeal if s/he has “in forma pauperis” status.
3. Request for Appointment of Counsel
A generic form for request for appointed counsel in federal cases. There is no official form for this. This sample was drafted by the Sacramento Federal Defender’s Office.
Request for Appointment of Counsel
Request for Appointment of Counsel (WordPerfect doc)
Request for Appointment of Counsel
Ninth Circuit Court of Appeals Outline:
“Standards of Review”
This outline prepared by the court staff of the Ninth Circuit discusses the different standards of review on appeal and provides citations for which standard to apply to various alleged errors.
