A Habeas corpus petition is similar to an appeal, but it is usually based on evidence that was not presented at the person's trial. The most common arguments in a habeas corpus petition are that the conviction should be overturned due to ineffective assistance of counsel or there is newly discovered evidence. A Petition for Writ of Habeas Corpus will legally challenge the custody of the defendant and requests that a Writ issue to correct the violation and release the person from custody.