Habeas Corpus

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Related to writ of habeas corpus: writ of mandamus

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 ?
If the Great Writ of Habeas Corpus as it currently stands cannot do anything about the presently prevailing travesty of justice in the United States, then perhaps we have been overemphasizing its significance, at least in its current form.
5) The phrase habeas corpus refers to the common law writ of habeas corpus, or the "Great Writ.
b) (1) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that--
28) As a matter of fact, the military tribunals were not subject to any judicial scrutiny, because the writ of habeas corpus was suspended.
But the Habeas Corpus Act allowed a person convicted of a crime in state court to request a writ of habeas corpus from a federal court, based on a showing that the person's incarceration violated the U.
55) Thus, although its view of habeas has evolved over time, the Supreme Court has never wavered from the proposition that the Suspension Clause incorporates the common law writ of habeas corpus as it existed in 1789.
I was uneasy about a petition to the Supreme Court for an "original" writ of habeas corpus, which was Colonel Royall's plan, without a more careful analysis of this procedure than time allowed.
The language of the UN Writ of Habeas Corpus would require "on behalf of Misappropriated, Removed, and Missing Children" that:
Felker had been convicted of murder and sentenced to death; his state court appeals had been denied; and his petition for writ of habeas corpus (his appeal for a hearing) in federal district court had been denied as well.
In a poetic coup de grace, he found protection from this military through a writ of habeas corpus in a federal district court.
Lawyers for Farid Hilali, who has been in custody in British jails for over two-and-a-half years, were granted a writ of habeas corpus to obtain his release.
A purported crime boss who was being held as a pretrial detainee petitioned for a writ of habeas corpus, challenging his detention in a restrictive special housing unit.