Habeas corpus may provide a way to challenge an unlawful conviction or sentence after the direct appeal process—or when an appeal is no longer available.
Inflexible deadlines apply. Start your review today.
Admitted to Practice In
Delay can create additional obstacles. The safest approach is to act as early as possible to evaluate your filing window.
4 Years
Typically due within 4 years from when a conviction becomes final. Waiting increases complexity.
1 Year
Strictly limited to 1 year for most cases. This window is unforgiving and complex to navigate.
Urgent
Even with multi-year windows, the record must be preserved and investigated early to avoid procedural bars.
Georgia habeas corpus is generally a post-conviction remedy. We determine whether a direct appeal is still available—or whether the case has moved into the post-conviction phase.
Due process, right-to-counsel, and other constitutional problems that undermined the fairness of your case.
Highly fact-specific claims that counsel’s performance fell below constitutional standards and harmed the defense.
Some sentencing problems can be addressed through post-conviction litigation depending on the history of the case.
Habeas is not a chance to relitigate every trial issue. It focuses on why the judgment itself may be unlawful.
Georgia's Leading Specialist in Post-Conviction Litigation
Mark Yurachek has focused his work on criminal appeals and post-conviction litigation for over two decades. Clients and trial lawyers seek Mark's counsel when the record matters, deadlines are tight, and the case requires strict appellate discipline.
Appellate work is fundamentally different from trial advocacy. It requires digesting massive records, identifying precise legal errors, and writing persuasive briefs that judges actually read.
Mark has handled hundreds of appeals and habeas corpus petitions in state and federal courts, built on a deep understanding of procedural nuance and exhaustive record review.
Every case is unique, but our strategic approach ensures every potential avenue for relief is thoroughly evaluated before the court.
We review the history of the case to see what claims can realistically be pursued.
Habeas cases depend heavily on transcripts, exhibits, and all prior appellate decisions.
Some claims require development of evidence, like documents or affidavits, beyond the record.
Petitions involve strict procedural requirements and potential evidentiary hearings.
Relief may involve a new trial, resentencing, or other court-ordered action.
Habeas relief focuses on serious legal or constitutional problems that render a conviction or sentence unlawful. Success depends on posture and the existing record.
Evaluating whether counsel’s performance fell below constitutional standards and truly harmed the defense outcome.
Due process, right-to-counsel, and Fifth Amendment issues that undermined the fairness of your case.
Addressing sentencing problems that may be authorized for post-conviction relief depending on procedural history.
Challenging federal convictions or sentences in the original court based on jurisdictional or constitutional defects.
Challenging state convictions in federal court after all state-level remedies have been exhausted or found unavailable.
Building a case when additional documents, affidavits, or evidence are needed to support claims beyond the transcript.
"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!"
Kalen