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 Example In Phoenix
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State:
Multi-State
City:
Phoenix
Control #:
US-000277
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Word;
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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).
During any Arizona criminal case, there may be a point when it is necessary to file a writ of Habeas Corpus. This Latin term simply translates to, “that you have the body” and is used in instances where there is concern that a defendant's imprisonment may be against the law.
Common arguments for granting a habeas corpus petition include: You had incompetent legal counsel or a competent attorney was not provided. You were convicted under an unconstitutional law; You were convicted under a law that has since been changed, so what you did is no longer considered a crime;
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.
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.
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.
Habeas Corpus/Prisoner TitleName Bruner-McMahon v. Jameson, et al. District of Kansas Disability Law Center, Inc. v. Massachusetts Department of Correction, et al District of Massachusetts Rosario v. Roden, et al District of Massachusetts Gary Bradford Cone v. Wayne Carpenter Western District of Tennessee3 more rows
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.