Habeas corpus is a way to attack unlawful custody, of which legally invalid criminal convictions constitute one source.  Generally speaking, the petitioner must establish (a) that s/he is subject to some form of actual or constructive custody, see § 5.75, infra, resulting from (b) an unconstitutional or otherwise unlawful criminal conviction, and (c) the petition was not barred by a statute of limitations nor otherwise untimely.  See § 5.74, infra.

 

Lower Courts of Ninth Circuit

CAL POST CON - REQUIREMENT OF OBJECTION IN TRIAL COURT
In re Seaton (2004) ___ Cal.4th ___ (claims of constitutional error, even when clear and fundamental and striking at the heart of the process, that were not raised at trial may not be raised in habeas proceeding, unless ineffective assistance of counsel is shown or the facts were not known at the time of trial).
http://caselaw.findlaw.com/data2/californiastatecases/s067491.doc

Other

POST CON RELIEF " TEXAS " HABEAS CORPUS " STANDARD OF REVIEW
Ex Parte Tanklevskaya, ___ Tex. ___, ___ (Ct. Crim. App, 1st Dist., May 26, 2011) (An applicant seeking habeas corpus relief based on an involuntary guilty plea must prove her claim by a preponderance of the evidence. Kniatt v. State, 206 S.W.3d 657, 664 (Tex. Crim. App. 2006) (citing Ex parte Morrow, 952 S.W.2d 530, 535 (Tex. Crim. App. 1997)).). http://www.1stcoa.courts.state.tx.us/opinions/PDFOpinion.asp?OpinionId=89209