Writ Of Habeas Corpus Meaning With Example In Nassau

State:
Multi-State
County:
Nassau
Control #:
US-00277
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The Writ of Habeas Corpus is a legal document that allows a person in state custody to challenge the legality of their detention. In Nassau, an example would be an individual seeking this writ after being convicted of a crime, such as drug offenses, arguing that their guilty plea was not entered voluntarily due to mental illness. Key features of the form include providing personal information about the petitioner, detailing the grounds for the petition, and attaching relevant exhibits like court orders and affidavits. Users must carefully fill out the form, ensuring all required fields are completed, and provide a clear statement of the circumstances leading to the petition. The form is crucial for attorneys, partners, owners, associates, paralegals, and legal assistants as it serves to protect an individual's constitutional rights. It can be utilized in cases where a petitioner claims ineffective assistance of counsel or highlights significant mental health issues that compromise their understanding of legal proceedings. Furthermore, it underscores the need for appropriate psychiatric treatment, advocating for the rights of mentally ill individuals within the legal system.
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  • Preview Petition for Writ of Habeas Corpus by a Person in State Custody
  • Preview Petition for Writ of Habeas Corpus by a Person in State Custody
  • Preview Petition for Writ of Habeas Corpus by a Person in State Custody
  • Preview Petition for Writ of Habeas Corpus by a Person in State Custody

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A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.

Examples of 'writ of habeas corpus' in a sentence A number of people arrested and detained throughout the country sought writs of habeas corpus before the courts. He wanted them released through writs of habeas corpus, a right hitherto granted only to human prisoners.

Habeas Corpus is a Latin word meaning which literally means 'to have the body of'. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention. Further Reading: Types of Writs.

A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).

Dozens of affidavits were contained within the corpus of the lawsuit. Still, what a corpus: almost two hundred books to date, of which sixty-six have headed the Times best-seller list. The rabbit hole that transports Alice to Wonderland might as well be a birth canal concealed within the vast corpus of the earth.

In fact, “habeas corpus” is Latin for “you have the body.” In New York, if the court determines that the detention is unjustified or illegal, it will order the immediate release of a defendant from custody.

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Writ Of Habeas Corpus Meaning With Example In Nassau