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  1. #1

    Default Who Hires Writ of Habeas Corpus Counsel

    I am a law student in Texas doing a research project. In your experience, who “hires” counsel to perform a writ of habeas corpus? An offender, offender’s significant others, offender’s family members? If more than one, what percentage of each? Thank you.

  2. #2
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    Default Re: Who Hires Writ of Habeas Corpus Counsel

    Your professor probably wants you to do research beyond google and asking for the answer on internet forums.

    The attorney always represents the individual in jail. A relative may help the prisoner find counsel, and perhaps even pay for it, but the attorney does nothing except on behalf of the prisoner.

    I suspect around our area (can't vouch for Texas) that the impetus almost always comes from the prisoner. Either he calls an attorney or he demands access to the public defender.

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    Default Re: Who Hires Writ of Habeas Corpus Counsel

    Most of the time, from my experience, the in custody defendant, with the assistance of a jail-house *lawyer* files the initial petition and asks for counsel to be appointed by the court.

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    Default Re: Who Hires Writ of Habeas Corpus Counsel

    Quote Quoting flyingron
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    Either he calls an attorney or he demands access to the public defender.
    I know of no state that provides an attorney for post conviction relief attempts, and most habeas corpus petitions are done post conviction. Thatís the reason why so many prisoner habeas petitions are done pro se.

  5. #5

    Default Re: Who Hires Writ of Habeas Corpus Counsel

    Quote Quoting flyingron
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    Your professor probably wants you to do research beyond google and asking for the answer on internet forums.

    The attorney always represents the individual in jail. A relative may help the prisoner find counsel, and perhaps even pay for it, but the attorney does nothing except on behalf of the prisoner.

    I suspect around our area (can't vouch for Texas) that the impetus almost always comes from the prisoner. Either he calls an attorney or he demands access to the public defender.
    Thank you for your response. The attorney/ adjunct professor directed students to google in hopes of obtaining a vast amount of responses from all over the United States. Perhaps I phrased the question incorrectly. I am trying to gauge who is the person who contacts the attorney in hopes of retaining counsel to complete a writ of habeas corpus for an inmate. For example, does the inmate call the attorney, or does a relative of an inmate call the attorney? What the research is trying to gauge is who does the initial hiring- not who is being represented. Therefore, the post is directed towards gauging the interest of hired counsel, not public defenders. Again, thank you for your response.

    Thank you for your response. In Texas, as you stated, majority of writs are done pro se. My inquiry regards the rare instance in which an inmate/other person on behalf of an inmate hires counsel to perform a writ. Thank you again for participating.

  6. #6

    Default Re: Who Hires Writ of Habeas Corpus Counsel

    Thank you for your response. My inquiry regards the rare instance in which an inmate/other person on behalf of an inmate hires counsel to perform a writ. Thank you again for participating.

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    Default Re: Who Hires Writ of Habeas Corpus Counsel

    I missed that this thread was posted in the post-conviction section. I agree with TM. I thought we were talking pre-trial writs.

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    Default Re: Who Hires Writ of Habeas Corpus Counsel

    Quote Quoting Taxing Matters
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    I know of no state that provides an attorney for post conviction relief attempts, and most habeas corpus petitions are done post conviction. Thatís the reason why so many prisoner habeas petitions are done pro se.
    CA does all the time as long as the petition is related to their conviction and not prison conditions. For those type of habeas petitions, there are non-profits that will sometimes take the issue on. Hence the reason CA prisons were under federal oversight because of over-crowding and other conditions. BUT, the petitions are almost always initiated pro se.

  9. #9

    Default Re: Who Hires Writ of Habeas Corpus Counsel

    Quote Quoting Taxing Matters
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    I know of no state that provides an attorney for post conviction relief attempts, and most habeas corpus petitions are done post conviction. That’s the reason why so many prisoner habeas petitions are done pro se.
    And I thought most all states assured appointed counsel for first tier appeals........just not beyond that.

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    Default Re: Who Hires Writ of Habeas Corpus Counsel

    Quote Quoting JustANobody
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    And I thought most all states assured appointed counsel for first tier appeals........just not beyond that.
    Yes, but habeas and other post-conviction relief aren't covered by that typically and the Supreme Court (Ross v. Mofitt) holds that it isn't implied Constitutionally.

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