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 Refers To In King
Category:
State:
Multi-State
County:
King
Control #:
US-000277
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Corpus is a Latin word for "body" which can have several meanings, including referring to the body of the prisoner (as in habeas corpus) in the context of criminal law. In the context of trust law corpus means the property or premises of a trust for which the trustee is responsible.
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.
OVERVIEW: Latin for "that you have the body." In the US system, federal courts can use the writ of habeas corpus to determine if a state's detention of a prisoner is valid.
The literal meaning of habeas corpus is "you should have the body". Commonly referred to as "the Great Writ," habeas corpus is most often associated with an action asserting ineffective assistance of counsel by petitioners challenging the legality of their conviction, but there are several other uses.
The Writ of Habeas Corpus is an outstanding post-conviction remedy available to you. Through it, you can attain many kinds of successes in your case, including immediate release from custody, reduction of your sentence, stop illegal conditions to your incarceration, and even potentially seek a new trial.
Latin, meaning "you have the body." A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement.
Any federal court may grant a writ of habeas corpus to a petitioner who is within its jurisdiction. The habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf.
All prisoners may file a writ of habeas corpus. However, judges receive a flood of habeas corpus petitions each year, including some that inmates prepare without the assistance of a lawyer. Strict procedures govern which petitions judges may consider.
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.
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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The writ of habeas corpus primarily acts as a writ of inquiry, issued to test the reasons or grounds for restraint and detention. Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration.King Charles gave his royal assent for the Habeas Corpus Act of 1679. The writ of habeas corpus, also known as the Great Writ, is a U.S. legal process that determines whether an offender's imprisonment is valid. A writ of habeas corpus is used to determine if a state's detention of a prisoner is valid. The Habeas Corpus Act 1679 is an Act of Parliament in England (31 Cha. 2. c. 2) during the reign of King Charles II. It is time these detainees receive a fair hearing to determine their guilt or innocence. § 2255 (2012) is not a petition for a writ of habeas corpus, but it has the same effect. Therefore, it is still referred to as a habeas petition. 6.