Power to Grant Writ in South Carolina

In most situations, a federal prisoner’s best chances of overturning their sentence and regaining their freedom is either in the standard appellate process or through a Motion to Vacate. Under rare circumstances, though, it may be possible to seek a writ of habeas corpus from a federal judiciary authority.

The power to grant writ in South Carolina lies with only a select few individuals under federal law, and it is an uncommon method of seeking post-conviction relief that is only applicable under fairly unique circumstances. However, if it does apply to your situation, help from a skilled federal appeals lawyer could be essential in pursuing this option and preserving your rights and interests.

What Courts Have the Power to Issue Writs?

28 U.S.C. §2241 is the section of federal law that determines who has the power to grant habeas corpus to South Carolina prisoners in the custody of the United States government. Section (a) of this statute specifically grants this authority to the Supreme Court of the United States and any justice thereof, as well as federal district courts and circuit judges if the matter falls within their jurisdiction.

Circumstances for Habeas Corpus

Section (c) of this statute lists five specific circumstances under which an authorized judiciary authority may extend habeas corpus to a prisoner. Those circumstances are as follows:

  • The prisoner is in custody by authority of the United States or committed for trial before a U.S. court
  • The prisoner is in custody for something committed or omitted by order of a U.S. court or judge, or in accordance with an Act of Congress
  • The prisoner is being kept in custody in a way that violates the U.S. Constitution
  • The prisoner is a citizen of a foreign state and is imprisoned for an act committed by order or on behalf of that foreign state
  • The prisoner must appear in court for a trial, or to testify before a judge or jury

Motioning for a Writ of Habeas Corpus in South Carolina

Seeking a writ of habeas corpus can allow federal prisoners and their legal counsel to quickly address inhumane and unconstitutional treatment they have received while in the custody of the U.S. government. For example, if someone incarcerated in federal prison has not received credit for time served, is subject to inhuman prison discipline, or may be subject to extradition, a writ of habeas corpus would put them before a judge who could remedy the situation much more quickly than an appeal might.

Unlike other means of post-conviction relief like Motions to Vacate, there is no statute of limitations applicable to the power to grant writ in South Carolina. However, no court or judicial official in the United States can consider an application for habeas corpus from an alien detained in U.S. custody as an enemy combatant. A knowledgeable attorney in the area could further explain these laws when motioning for a writ of habeas corpus.

Speak with a South Carolina Attorney About Power to Grant Writ

The concept of habeas corpus dates back centuries to when common law was first established in England, and this fundamental right is still available to individuals in federal custody today. In practice, seeking such a writ can be a complex endeavor, especially if you try to begin the process without qualified legal assistance.

A knowledgeable federal appeals lawyer could help you understand the power to grant writ in South Carolina and how it might impact your federal conviction or sentencing. Call today for a consultation.

South Carolina Federal Criminal Lawyer