Habeas Corpus literally means “who has the body.” It’s the modern version to a procedure at English common law to attack illegal confinement.
In Oregon criminal procedure, habeas corpus usually refers to a federal-court procedure where a prisoner or probationer complains that the conviction violated federal law, such as the right to counsel, to a jury trial, or to due process. The underlying conviction can be from state court or federal court, although the procedures are somewhat different. The procedural requirements for federal habeas corpus are very strict.
There is also a procedure to seek a writ of habeas corpus in Oregon state court. That is not a complaint about the conviction itself (which should be raised in a petition for post-conviction relief) but rather a complaint about what the prison is doing; whether they are providing adequate medical care or calculating good-time credits or credit-for-time-served correctly.
The time limits for federal habeas corpus are strict and should be understood well before filing the petition, because federal habeas corpus procedure affects tactical choices at earlier stages. If you are considering seeking federal habeas corpus relief, now or in the future, please feel free to get in touch with me.
State habeas corpus has less-specific time limits, but if you don’t file within a reasonable time, you may lose your right to do so. And, if you aren’t getting adequate medical care, you want to get that fixed as soon as possible regardless of time limits imposed by the court. Please let me know if you are interested in seeking relief.
