Habeas Corpus Document Without In Kings
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The writ of habeas corpus had its origins in British common law, predating Magna Carta. In its modern form, however, it was never enacted into law until the Habeas Corpus Act of 1679.
The writ of habeas corpus originated in England. Although it is often claimed that habeas corpus dates from Magna Carta in 1215, the writ actually is traceable to the 14th, not the 13th century.
Regardless of whether the writ is positively guaranteed by the constitution, habeas corpus was first established by statute in the Judiciary Act of 1789.
William Blackstone cites the first recorded usage of habeas corpus ad subjiciendum in 1305, during the reign of King Edward I. However, other writs were issued with the same effect as early as the reign of Henry II in the 12th century.
Habeas corpus is a Latin phrase meaning “produce the body.” By means of the writ of habeas corpus a court may order the state to “produce the body,” or hand over a prisoner so that it might review the legality of the prisoner's detention.
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.
Less controversial is the claim that habeas corpus originated in Article 39 of the Magna Carta, which held that “no Freeman shall be taken, or imprisoned…but by lawful Judgment of his Peers, or by the Law of the Land.” Whether this is specifically referring to habeas corpus is unclear, but it seems likely that the ...
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. The petition must name the custodian as the respondent and state the facts concerning the applicant's custody and include the legal basis for the request.
The court must rule on a petition for writ of habeas corpus within 60 days after the petition is filed. (B) If the court fails to rule on the petition within 60 days of its filing, the petitioner may file a notice and request for ruling.
