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.
Habeas Corpus Example In Sentence In Mecklenburg
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State:
Multi-State
County:
Mecklenburg
Control #:
US-000277
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Word;
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A writ of habeas corpus is a limited remedy whereby a person may attempt to challenge the legal basis for continuing to hold him or her in custody. If the application for a writ is not summarily denied for failing to state a valid basis for relief, then the judge will order a hearing to decide the matter.
For example, if an individual was convicted on the basis that their skin color matched that of the perpetrator ing to eyewitnesses, but there is no other evidence against them, then the individual can appeal for habeas corpus in order to be freed from imprisonment.
A number of people arrested and detained throughout the country sought writs of habeas corpus before the courts. He wanted them released through writs of habeas corpus, a right hitherto granted only to human prisoners.
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.
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.
Typical examples where a court has granted a habeas corpus petition include claims of new evidence discovered in the case, ineffective assistance of counsel, prosecutorial misconduct, incompetence to stand trial, and challenging conditions of confinement.
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).