Challenging Convictions Through Post-Conviction Relief

Setra Law Firm, PC provides post-conviction representation for individuals who have exhausted their direct appeals or who have discovered new grounds for relief that were not available during trial or on appeal. A writ of habeas corpus is a legal petition that challenges the legality of your conviction or sentence based on constitutional violations, ineffective assistance of counsel, or newly discovered evidence. In Texas state courts, these petitions are filed under Article 11.07 of the Texas Code of Criminal Procedure. In federal court, they are filed under 28 U.S.C. § 2255 for individuals convicted in federal proceedings.

Habeas petitions are used when the issues you are raising could not have been fully developed on direct appeal. Common grounds include claims that your trial attorney failed to investigate key evidence, did not call essential witnesses, or provided constitutionally deficient representation that affected the outcome of your case. Newly discovered evidence, such as recantations by witnesses or forensic findings that were not available at trial, can also form the basis for habeas relief. These cases require detailed factual development, often including affidavits, expert reports, and evidentiary hearings.



If you believe your conviction resulted from attorney error or evidence that was not presented at trial, contact the firm to discuss whether a habeas petition is appropriate in your case.

When you retain Setra Law Firm, PC for habeas corpus representation, the attorney conducts an independent investigation of your case. This includes reviewing the trial record, interviewing witnesses, obtaining affidavits, and consulting with experts when necessary. The firm then drafts a detailed petition that sets out the constitutional violations or factual errors that justify relief. In some cases, the court will hold an evidentiary hearing where witnesses testify and new evidence is presented.

After the petition is filed, the state or federal government responds, and the court evaluates whether your claims have merit. If the court grants relief, your conviction may be overturned, your sentence reduced, or your case remanded for a new trial. Habeas corpus is a complex area of law with strict procedural rules, including statutes of limitation and exhaustion requirements. The firm ensures that all procedural steps are followed and that your claims are presented in the strongest possible form.



Federal habeas petitions under § 2255 are typically filed after state remedies have been exhausted. These petitions are used to challenge federal convictions and sentences and often involve claims that could not have been raised in earlier proceedings. The firm handles both state and federal habeas cases and tailors its approach based on the court system and the nature of the claims.

Clients often have questions about when habeas corpus is available and what the process entails. The following answers address the most common concerns.

Ineffective assistance occurs when your trial attorney's performance fell below professional standards and that deficiency prejudiced the outcome of your case. Examples include failing to investigate alibis, not objecting to inadmissible evidence, or advising you incorrectly about plea offers.

What is ineffective assistance of counsel?

The evidence must have been unknown at the time of trial, could not have been discovered with reasonable diligence, and must be significant enough that it likely would have changed the outcome. DNA evidence, recantations, and undisclosed forensic findings are common examples.

How does newly discovered evidence qualify for habeas relief?

Appeals review errors that occurred during trial based on the existing record. Habeas petitions allow for new factual development and claims that were not or could not have been raised on appeal, such as ineffective assistance or newly discovered evidence.

Why is habeas corpus different from an appeal?

What happens at an evidentiary hearing?

An evidentiary hearing allows you to present witnesses, affidavits, and documents to support your habeas claims. The court evaluates this evidence and determines whether your constitutional rights were violated or whether the new evidence undermines confidence in the conviction.

Yes, but you must typically exhaust your state remedies before filing a federal habeas petition. Setra Law Firm, PC handles habeas cases in both Texas state courts under Article 11.07 and federal courts under § 2255 for clients throughout the Odessa & Midland, TX, areas.

Can habeas relief be filed in both state and federal court?

If you have new evidence or believe your trial attorney did not provide adequate representation, reach out to discuss whether a writ of habeas corpus is the right tool to challenge your conviction.