The Great Writ: A Primer On The Means By Which Federal Habeas Corpus Relief May Be Obtained 
By: Dallas Sacher

Inspiration
Introduction
I. A FEDERAL WRIT OF HABEAS CORPUS IS WON BY LAYING THE GROUNDWORK IN STATE COURT
    A. State Appellate Counsel must Be Knowledgeable Concerning the Requirements for Obtaining Federal Habeas Relief
    B. Federalize, Federalize, Federalize
    C. If a Federal Issue Was Defaulted in the Trial Court, Appellate Counsel Must Advance a Claim of Ineffective Assistance of Trial Counsel
    D. The State Appellate Briefs Must Contain Express References to Both the Federal Constitution and U.S. Supreme Court Case Law
    E. The Defendant’s Federal Claim Must Be Expressly Exhausted in the California Supreme Court by Way of Either a Petition for Review or a Petition for Writ of Habeas Corpus
    F. Appellate Counsel Must Avoid All Possible Procedural Defaults with Regard to the Appellate Process
        1. The special case of procedurally defaulting a claim of ineffective assistance of trial counsel by failing to file a state habeas petition
    G. If Appellate Counsel Has Procedurally Defaulted the Case, the Default Can Be Cured by Advancing a Claim of Ineffective Assistance of Appellate Counsel in a State Habeas Petition
II. THE PURSUIT OF A FEDERAL WRIT OF HABEAS CORPUS REQUIRES CLOSE ATTENTION TO DETAIL
    A. Relief Can Be Obtained Only When the Defendant Remains in State Custody
    B. Counsel Should Be Very Cautious in Dealing With the One Year Statute of Limitations
    C. If a State Procedural Default Issue Arises, Counsel Should Be Aware That There Are a Number of Doctrines Which May Be Used to Address the Problem
        1. Assuming That the Government Can Point to a Legitimate State Procedural Default, the Defense Can Still Seek to Excuse the Default by Showing Cause and Prejudice or a Miscarriage of Justice
    D. If a New Claim Arises after the Federal Petition Is Filed, the Defendant Can Seek Leave to Return to State Court in Order to Exhaust the Claim
    E. Commencing the Case in Federal District Court
        1. The Official Form
        2. The Civil Cover Sheet
        3. The Application for in Forma Pauperis Status
        4. The Format For An Attorney Prepared Pleading
        5. The State Court Record Need Not Be Filed with the Official Form or Attorney Prepared Petition
        6. Venue
        7. The Motion for Appointment of Counsel
        8. The Motion for Ancillary Services
    F. The Defendant Must Usually Satisfy The Brecht Standard In Order to Obtain Relief
    G. Under AEDPA, a Defendant Must Establish Certain Conditions Precedent in Order to Obtain Federal Habeas Relief
        1. Although A State Court’s Factual Findings Are Presumed To Be Correct, The Federal Court Has The Authority To Make Findings To The Contrary
    H. The Issuance of the Order to Show Cause
    I. The Answer And Responsive Pleading
    J. The Traverse
    K. The Request for An Evidentiary Hearing And The Holding Of The Hearing
    L. Oral Argument
    M. The Problem Of Delay In The Resolution of the Case
    N. Reconsideration In The District Court
    O. The Notice of Appeal And Application for A Certificate of Appealability
    P. Appointment of Counsel on Appeal
    Q. The Handling of the Appeal
Conclusion
Postscript