This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Writ Of Habeas Corpus Form Oklahoma In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-000277
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Word;
Rich Text
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A writ of habeas corpus compels the person or entity holding someone in custody to bring the detainee before a court for it to examine whether the detention is lawful. If the detention violates constitutional or statutory rights, the court can order the release of the detainee.
The right to file a petition for writ of habeas corpus is guaranteed by the California constitution. In order to be eligible to petition for such relief, the petitioner must be “in custody,” either actually or constructively.
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.
Any person or a prisoner confined in any prison or jail in this state who is the complaining party or defending party in any form of a civil action may apply for a Writ of Habeas Corpus for the purpose of having the prisoner appear before the court for an evidentiary hearing in which the court shall take testimony from ...
A successful Writ of Habeas Corpus in California can achieve one of the following: Release the defendant. Reduce the defendant's sentencing. Make changes to the defendant's sentencing conditions.
A Writ of Habeas Corpus is one of the primary ways of obtaining a client's freedom based on his or her actual innocence. Actual innocence Writs of Habeas Corpus can include witness statements, affidavits, and other external evidence that shows how the client has been wrongfully convicted.
The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means "show me the body." Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.
State every ground (reason) that supports your claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground. Any legal arguments must be submitted in a separate memorandum.
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Petition for Writ of Habeas Corpus Under 28 U.S.C. Section 2241 (AO242). Form: PDF icon AO_242_092017.pdf.If you have any questions on which form to use or how to complete the form, call us at . "Advise" the Court; Serve as the "Conscience of This Community"; and Impose a. Sentence of Death to Prevent Hypothetical, Future Acts. This form is available on Westlaw. Easily search more than 600,000 legal forms to find the exact form you need. Writ of Habeas Corpus--U. S.C. Title 28 Section 2254. Affidavit. Verification. Most court documents are provided as PDF files.