HABEAS PREP GUIDE (Using Kenneth Adkins’s Case as a Working Example) This guide is for incarcerated people and families preparing for state habeas corpus relief. It is written using Kenneth Adkins’s case as a working example, but the structure applies broadly.
This is not legal advice. It is preparation. Preparation is what wins attention, preserves claims, and attracts competent counsel.
1. WHAT HABEAS IS — AND IS NOT Habeas corpus is a constitutional review process. It does not retry the case. It does not reward innocence by itself. Habeas focuses on constitutional violations that affected the outcome. Common misconceptions: - Habeas is not storytelling - Habeas is not venting - Habeas is not proof you were treated unfairly Habeas is about specific legal errors, proven by the record.
2. THE MINDSET SHIFT (CRITICAL) Before preparing anything, understand this: Judges read structure, not emotion. Attorneys look for: - Clean records - Narrow claims - Clear violations - Preserved issues Anything else gets ignored.
3. THE HABEAS RECORD CHECKLIST (NON-NEGOTIABLE) Before drafting claims, gather the full record. Required documents: - Complete trial transcripts (all days) - Pretrial motions and orders - Jury instructions - Verdict forms - Sentencing transcript - Direct appeal briefs - Appellate opinions - Prior post-conviction filings (if any) If something is missing, note it. Do not guess. No record means no habeas.
4. IDENTIFYING VIABLE HABEAS CLAIMS Not every issue is a habeas claim. A valid claim has four parts:
1. The constitutional right violated
2. What happened
3. Where it appears in the record
4. Why it mattered If any part is missing, the claim fails.
5. CORE CLAIM CATEGORIES (USING KENNETH ADKINS’S CASE)
A. Brady Violations (Suppressed Evidence) To raise a Brady claim, you must show: - Evidence existed - The State had it - The defense did not - The evidence was material Material means there is a reasonable probability the result would have been different. Helpful is not enough.
B. Ineffective Assistance of Counsel This follows the Strickland standard: - Counsel performed deficiently - The deficiency prejudiced the defense Examples that can matter: - Failure to investigate alibi evidence - Failure to impeach false testimony - Failure to present available witnesses - Failure to challenge timelines Complaints without prejudice do not survive.
C. Use of False Testimony This requires proof that: - Testimony was false - The State knew or should have known - The testimony was material This is difficult but powerful when supported.
6. HOW TO BUILD A HABEAS BINDER Organize everything by claim, not by date. For each claim, include: - One-page claim summary - Relevant transcript excerpts - Supporting documents - Case law citations This is what attorneys want to see.
7. PREPARING FOR A HABEAS ATTORNEY A prepared case does three things: - Preserves deadlines - Narrows issues - Signals seriousness When contacting counsel, provide: - Case name and year - Procedural posture - List of claims - Record availability Do not send narratives.
8. FILING PRO SE (IF NECESSARY) Filing pro se is risky but sometimes unavoidable. Goals when filing pro se: - Preserve claims - Avoid procedural default - Survive dismissal - Obtain counsel Follow formatting rules exactly. Missed deadlines cannot be fixed.
9. WHAT TO STOP DOING These actions harm habeas cases: - Writing emotional letters - Re-arguing innocence - Filing repetitive motions - Attacking personalities instead of actions Focus on violations. Always.
10. FINAL REALITY CHECK Habeas is slow. Habeas is technical. Habeas is unforgiving. Preparation is leverage. Structure is power.
This guide exists so families and incarcerated people stop losing before the fight begins.