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 ?
(44) One year after AEDPA was passed, Magwood sought leave to file a habeas petition challenging his new death sentence, which the district court conditionally granted.
1979) (affirming denial of pre-trial habeas petition because of abstention considerations even though defendant had exhausted state remedies); Kolski v.
(20) Determination of guilt is not the focus of habeas petitions because "constitutional rights of criminal defendants are granted to the innocent and the guilty alike." (21)
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.
(168) But before AEDPA, summary denials did not affect federal review because habeas petitions were decided de novo.
Therefore, only the specialized court should have jurisdiction to decide whether a litigant can file a successive or second habeas petition.
Accordingly, a prisoner needing to file a second habeas petition is
allow courts to dispose of habeas petitions more expeditiously, but it