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.
Petition For Writ Of Habeas Corpus Ad Prosequendum In Cook
Category:
State:
Multi-State
County:
Cook
Control #:
US-000277
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Word;
Rich Text
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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.
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).
A Writ of Habeas Corpus literally translates to bring a body before the court. A writ is an order from a higher court to a lower court or government agency or official. When you file a petition for a Writ of Habeas Corpus, you are asking the court to order the government agency to appear and bring you before the court.
WRIT OF HABEAS CORPUS AD PROSEQUENDUM - An order commanding the presence of a defendant to appear in court to answer charges on pending case. WRIT OF HABEAS CORPUS AD TESTIFICANDUM – An order commanding the presence of a witness to appear in court to testify in court proceedings.
An administrator ad prosequendum is counselor appointed by a probate court to initiate and prosecute a case on behalf of the deceased person's estate. Ad prosequendum is Latin for “during the prosecution.” A court typically appoints an administrator to pursue a claim only if the person died intestate.
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.
In United States law, habeas corpus (/ˈheɪbiəs ˈkɔːrpəs/) is a recourse challenging the reasons or conditions of a person's confinement under color of law.
A writ of habeas corpus in California is where an inmate challenges their conviction or sentencing. A writ of habeas corpus is a legal petition presented to judges in criminal cases by inmates in custody where they are challenging their conviction or sentencing conditions.
Finally, habeas corpus is used to determine preliminary matters in criminal cases, such as: (i) an adequate basis for detention; (ii) removal to another federal district court; (iii) the denial of bail or parole; (iv) a claim of double jeopardy; (v) the failure to provide for a speedy trial or hearing; or (vi) the ...