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.
Habeas Corpus Example Cases For Juveniles In Arizona
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The court held Gault in detention for a few days and then released him home to his parents. Jerry Gault's hearing was a week after his arrest, and he did not have legal representation. The judge sentenced him to juvenile detention until his 21st birthday (almost 6 years).
Gerald's parents discovered he was in custody after sending his older brother out to look for him that evening. When Gerald's mother went to the detention facility, she was told that a hearing would be held in juvenile court the next day.
The U.S. Supreme Court in the In re Gault case stated that a juvenile is entitled to an attorney, and it the child could not afford one, one would be appointed. In New Jersey v. T.L.O. the Court ruled that school officials need a warrant in order to search a student.
Data that life and our adversary methods present.” In re Gault, 387 U.S. 1, 20 (1967). The Court noted that, had Gault been 18 at the time of his arrest, he would have been afforded the procedural safeguards available to adults.
In an 8–1 decision, the U.S. Supreme Court ruled that Gault's commitment to the State Industrial School was a violation of the Sixth Amendment since he had been denied the right to an attorney, had not been formally notified of the charges against him, had not been informed of his right against self-incrimination, and ...
In re Gault, 387 U.S. 1 (1967) The Due Process Clause of the Fourteenth Amendment applies to juvenile defendants as well as adult defendants.
8–1 decision for Gault The Court held that the proceedings for juveniles had to comply with the requirements of the Fourteenth Amendment.
Gerald (“Jerry”) Gault was a 15 year-old accused of making an obscene telephone call to a neighbor, Mrs. Cook, on June 8, 1964. After Mrs. Cook filed a complaint, Gault and a friend, Ronald Lewis, were arrested and taken to the Children's Detention Home.
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).
For example, if an individual was convicted on the basis that their skin color matched that of the perpetrator ing to eyewitnesses, but there is no other evidence against them, then the individual can appeal for habeas corpus in order to be freed from imprisonment.