Page:A Reporter’s Guide to Applications Pending Before The Supreme Court of the United States.pdf/15

 ::modification of the execution date is required to stop an impending execution. After an application for a stay has been denied by either the highest state court or a federal court of appeals, the application may be filed with the U. S. Supreme Court.

1. State petition for a writ of habeas corpus (post-conviction relief). Review is not limited to the trial record. The petitioner may raise other issues such as newly discovered evidence, and state or federal constitutional claims, including ineffective assistance of counsel at the trial. (where the petition is filed varies from state to state): 1. File petition in the state trial court.

2. File the petition in the state court of appeals for the district where the trial occurred.

3. File the petition in the highest state court.

4. File a petition for Certiorari with the U. S. Supreme Court.

2. Federal habeas corpus proceedings. This is a civil remedy which permits a person in custody to challenge the constitutionality of his or her conviction or sentence. The court reviews whether the petitioner is in custody in violation of the Constitution or laws or treaties of the U. S. 1. District Court: (jurisdiction in both the district where the petitioner is confined and the district of the conviction):