Legal Glossary
The 15 most important terms to know — explained in plain English.
- §2254
- The federal statute that lets someone in STATE custody challenge their conviction in federal court — usually after all state appeals are exhausted.
- §2255
- The federal statute that lets someone in FEDERAL custody challenge their sentence or conviction. The federal equivalent of habeas corpus.
- §2241
- The federal statute used to challenge the way a sentence is being executed — for example, prison conditions, sentence calculation, or detainers.
- §1983
- A civil rights statute used to sue state officials (often prison staff) for violating a person's constitutional rights.
- AEDPA
- Antiterrorism and Effective Death Penalty Act of 1996. Sets a strict 1-year deadline for most federal habeas petitions and limits how federal courts can review state decisions.
- Habeas Corpus
- Latin for 'you shall have the body.' A legal action asking a court to determine whether a person is being held in custody lawfully.
- Brady Violation
- When prosecutors hide evidence that could help the defense. Brady v. Maryland (1963) makes this a constitutional violation that can overturn a conviction.
- Ineffective Assistance of Counsel
- When a defense lawyer's performance was so poor it violated the Sixth Amendment. One of the most common grounds for a habeas petition.
- Exhaustion of Remedies
- The requirement to raise your claims in state court first before going to federal court. Skipping this step is one of the top reasons petitions get dismissed.
- COA (Certificate of Appealability)
- Permission from a court to appeal the denial of a habeas petition. Without a COA, you cannot appeal.
- IFP (In Forma Pauperis)
- Latin for 'in the manner of a pauper.' A request to file court documents without paying the filing fee due to inability to pay.
- PLRA
- Prison Litigation Reform Act. Limits prisoners' ability to file civil suits in federal court and requires exhaustion of prison grievance procedures first.
- Successive Petition
- A second (or later) habeas petition. Successive petitions face very strict rules and almost always require court permission first.
- Tolling
- Pausing the AEDPA 1-year clock — for example, while a state post-conviction petition is pending. Knowing what tolls the clock is critical.
- Actual Innocence
- A claim that the petitioner is factually innocent of the crime. In rare cases, actual innocence can excuse a missed deadline or other procedural bar.