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Excerpted From: Georgetown University and The Georgetown Law Journal, Review Proceedings: Habeas Relief for State Prisoners, 49 Georgetown Law Journal Annual Review of Criminal Procedure 1069 (2020) (180 Footnotes) (Full Document)




Under 28 U.S.C. § 2254, a person in custody pursuant to a state court judgment may challenge the conviction and sentence in federal court by applying for a writ of habeas corpus. Habeas corpus petitions filed by state prisoners are subject to the Rules Governing Section 2254 Cases in the United States District Courts (“§ 2254 Rules”). Section 2254 petitions must substantially follow either the form prescribed by the § 2254 Rules or a form prescribed by a local district court rule.