Mark Yurachek & Associates
Georgia Appellate Court Building
Federal Habeas Corpus Specialists

Federal Habeas Corpus Relief

Federal post-conviction relief when direct appeals are exhausted—and constitutional errors undermined the fairness of the process.

  • Challenge unlawful convictions or sentences after direct appeals are exhausted
  • Investigation of constitutional errors affecting your trial's fairness
  • Technical expertise in navigating highly procedural federal courts

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Admitted to Practice In

All GA State & Appellate Courts All VA State & Appellate Courts U.S. District Courts (GA & VA) U.S. Courts of Appeal (4th, 5th, 6th, 11th) Supreme Court of the United States

Post-Conviction Relief Is Strictly Time-Sensitive.

Delay can create additional obstacles. The safest approach is to act as early as possible to evaluate your filing window.

28 U.S.C. § 2255 (Federal)

1 Year

Typically due within one year of the federal judgment becoming final or other triggering events.

28 U.S.C. § 2254 (State)

1 Year

Challenges state convictions in federal court. Strict one-year limit after state remedies are exhausted.

Procedural Deadlines

Inflexible

Federal courts strictly enforce filing rules. Missing a window by even one day can be fatal to your case.

Lady Justice statue

2254 vs 2255: Which Federal Habeas Path Applies?

Federal post-conviction relief depends on where the conviction occurred. Navigating these paths requires a deep understanding of federal procedural law and court-specific rules.

28 U.S.C. § 2255 (Federal Convictions)

Used to challenge a federal conviction or sentence. Filed in the court where the conviction occurred, often focusing on constitutional or jurisdictional defects.

28 U.S.C. § 2254 (State Convictions)

A petition to challenge a state conviction in federal court after state remedies (appeals and habeas) have been fully pursued and exhausted.

Highly Procedural & Technical

Federal habeas litigation is deadline-driven and constrained by standards that severely limit what federal courts can review.

A Pathway of Last Resort

Habeas relief may offer a last-resort pathway to challenge unlawful detention when all other direct options have been exhausted.

Mark Yurachek

Meet Mark Yurachek

Specialist in Federal Post-Conviction & Habeas Litigation

Mark Yurachek has focused his work on federal habeas corpus and post-conviction litigation for over two decades. He evaluates federal habeas matters with careful attention to procedural posture, the existing record, and the claims that can realistically be pursued.

Our Philosophy

Federal post-conviction litigation is highly procedural and technical. It requires a disciplined approach to issue selection, focused on claims that are legally available and supported by the record.

Proven Experience

Mark has extensive experience navigating 2254 and 2255 petitions. He understands that what happened at trial is only part of the story—how and when it was raised can matter just as much.

How Federal Habeas Cases Work

Every case is unique, but our strategic approach ensures every potential avenue for relief is thoroughly evaluated before the court.

1

Procedural Posture Review

We identify jurisdiction (state or federal), direct appeal status, prior filings, and strict procedural deadlines.

2

Record Review

Federal work depends on transcripts, motions, orders, and prior appellate decisions. The record is the foundation.

3

Claim Identification

Disciplined issue selection focused on claims that are legally available, supported by the record, and justify relief.

4

Filing and Litigation

Detailed written submissions with strict formatting and citation expectations to meet technical court requirements.

5

Decision

Relief may include a new trial or resentencing. If denied, appellate review may be possible depending on posture.

What Federal Habeas Can (and Cannot) Address

Federal habeas is not a second appeal. It is a technical path focused on serious defects that render a judgment unlawful under federal law.

Ineffective Assistance

Highly fact-specific claims requiring analysis of whether counsel’s performance fell below constitutional standards.

Constitutional Violations

Challenges based on due process, Sixth Amendment, and Fifth Amendment issues that undermined trial fairness.

Unlawful Sentences

Addressing jurisdictional or sentencing problems that make a conviction unlawful depending on case posture.

Procedural Defaults

Many claims are restricted if they weren't raised earlier or if the record was not properly preserved.

Standards of Review

Federal courts operate under deferential standards that limit their ability to review certain state court decisions.

Technical Filing Rules

Strict adherence to filing rules and deadlines is mandatory. Missing a requirement can lead to summary dismissal.

"Mark was communicative throughout the process, and he really cared about my case and getting results. He kept all expectations grounded in reality. This is the guy you want on your side!"
K

Kalen

Verified Client, 2023

Frequently Asked Questions

Is federal habeas a second appeal?

Do I need transcripts for a federal habeas case?

How long does the federal habeas process take?

What makes a federal habeas case potentially stronger?