Collateral Attack Upon Conviction

Question 1

Can defendants attack their convictions collaterally following the exhaustion of their appeals?

Answer 1

yes

Question 2

Does a defendant have a right to counsel at a habeas corpus proceeding?

Answer 2

no

Question 3

To get a writ of habeas corpus, what must the defendant show?

Answer 3

the defendant must show there was an unlawful detention based on the preponderance of the evidence.

Question 4

Can a state appeal a grant of a writ of habeas corpus?

Answer 4

yes

Question 5

When can a defendant bring an action for a writ of habeas corpus?

Answer 5

when they are in detention.