If the conviction and sentence have been affirmed on appeal and all other state options exhausted, the incarcerated person can still file a petition for this, as long as there is a new legal issue that was not settled in the direct appeals, and the federal court agrees to review it

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A petition for habeas corpus allows an incarcerated person to challenge the legality of their detention, even if their conviction and sentence have been affirmed on appeal and all other state options exhausted, as long as there is a new legal issue that was not settled in the direct appeals and the federal court agrees to review it. A writ of certiorari is a request for the Supreme Court to review a lower court's decision, but is not applicable to all cases. A writ of en banc is a request for all judges on a court to hear a case, but is not applicable to a petition for habeas corpus. A petition for per curiam opinion is an order or decision issued without full explanation, but is not applicable to a petition for habeas corpus.

If the Conviction and Sentence Have Been Affirmed on Appeal