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.
Format Of Habeas Corpus Writ Petition In Supreme Court In Broward
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State:
Multi-State
County:
Broward
Control #:
US-000277
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Word;
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FAQ
The Florida Constitution authorizes the following extraordinary writs: prohibition, mandamus, quo warranto, habeas corpus, and certiorari.
“The Supreme Court, courts of appeal, superior courts, and their judges have original jurisdiction in habeas corpus proceedings.” (Cal. Const., art. VI, § 10.)
(a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions.
Any federal court may grant a writ of habeas corpus to a petitioner who is within its jurisdiction.
Under the Florida and United States Constitutions, you have the right to file a writ of habeas corpus if you are being locked up in a federal or state correctional facility. This type of writ in state or federal court. When you file your petition, you are asking the judge to decide whether your imprisonment is lawful.
U NDER the California constitution, the California Supreme Court1 and the California district courts of appea are given original juris- diction to issue writs of mandamus.
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.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. No Bill of Attainder or ex post facto Law shall be passed.
Habeas corpus derives from the English common law where the first recorded usage was in 1305, in the reign of King Edward I of England. The procedure for the issuing of writs of habeas corpus was first codified by the Habeas Corpus Act 1679, following judicial rulings which had restricted the effectiveness of the writ.
Today, habeas corpus is mainly used as a post-conviction remedy for state or federal prisoners who challenge the legality of the application of federal laws that were used in the judicial proceedings that resulted in their detention.