Habeas Corpus

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Related to Habeas petition: habeas corpus

Habeas Corpus

A writ one may file requiring the custodian of a prisoner to justify in court that the imprisonment is legal. For example, if one is arrested without proper warrant, one may file habeas corpus for one's release. It should be noted that the right to file habeas corpus may be suspended in national emergencies or for other reasons. The concept comes from English common law.
References in periodicals archive ?
Thus, the AEDPA tolling provisions could prevent a petitioner's federal habeas petition from ever being reviewed by a federal court if the petitioner fails to properly file an application for post-conviction review with a state court.
The Court has twice suggested that Congress runs into Suspension Clause problems where it prohibits federal courts from reviewing habeas petitions at all.
This Note concludes that specialized review by staff attorneys can ensure that habeas petitions receive the attention, time, and care they deserve without overburdening the appellate court.
The Supreme Court has held that a prisoner can add claims to an existing federal habeas petition after the running of the one-year statute of limitations only if the claims relate back to one of the timely filed claims.
filed fewer than 3000 habeas petitions during a recent one-year period.
20) For example, in review of habeas petitions, a federal court of appeals may take judicial notice of the relevant state court documents even if they were not a part of the district court record.
successful petitions, and in 50% of all habeas petitions in noncapital
39) Indeed, in 2010, almost 20,000 habeas petitions were filed in federal court, and habeas cases constituted seventy percent of the cases decided in the federal courts of appeals.
Following the court's denial, Kidd filed a habeas petition in federal district court raising five new claims alleging the ineffectiveness of his trial counsel.
The filings also go beyond satisfying detention rules under the 2001 Authorisation for Use of Military Force, "as informed by the laws of war -- an issue that each Guantanamo detainee may challenge in a habeas petition in federal court", it said.