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.
A Writ Of Habeas Corpus Is A Formal In Dallas
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State:
Multi-State
County:
Dallas
Control #:
US-000277
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FAQ
Another way a creditor may try to collect their judgment is through a writ of execution. A writ of execution allow the debtor's non-exempt property to be seized and sold. The proceeds from the sale go to the debt owed to the creditor.
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.
File a Motion to Quash: If there are procedural errors in issuing or serving the writ, such as improper notice, the debtor can file a motion to quash, requesting the court to cancel or halt the writ.
An application for a Writ of Habeas Corpus is filed when a person seeks relief from unlawful detention or imprisonment. If the application is filed prior to disposition of the case, it is filed in the assigned District Court or County Criminal Court at Law.
Writ of Possession: in Texas, an order issued by the court once the court has granted possession to the landlord. The justice court cannot issue a writ of possession before the sixth day after it has issued a judgment for possession to the landlord.
In California, a judgment creditor can request a writ of execution from the court that entered the initial judgment. This compelling document empowers law enforcement officers to seize assets.
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).
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.
Habeas corpus means literally, "you have the body." A writ of habeas corpus is an order that requires jailers to bring a prisoner before a court or judge and explain why the person is being held.
The denial of a petition becomes final immediately if the Court of Appeal has not previously issued an alternative writ or order to show cause. (Cal. Rules of Ct., rule 8.264(a)(2)(A).) That means that a petition for review from summary denial of a petition for writ of habeas corpus must be filed within ten days.