Define Habeas Corpus In Government

• Category: Civil Procedure - Habeas Corpus
• State: Multi-State
• Control #: US-00277
• Format: Word; Rich Text

Description

The Petition for Writ of Habeas Corpus By A Person in State Custody is a legal document filed under 28 U.S.C. Section 2254 that allows a person incarcerated in state custody to challenge the legality of their detention. This petition serves as a formal request for a court to examine whether the individual’s constitutional rights have been violated during their trial or conviction. Key features of the form include detailed sections for the petitioner’s information, the nature of the charges, and grounds for relief, including claims of ineffective assistance of counsel and mental health issues affecting the petitioner at the time of their guilty plea. Filling and editing instructions emphasize the importance of accuracy in the personal details provided, as well as clarity in presenting the grounds for the petition. The target audience, which includes attorneys, partners, owners, associates, paralegals, and legal assistants, can utilize this form to help clients assert their rights and seek post-conviction relief. The form should be completed with plain language to ensure comprehension, making it accessible for individuals without legal backgrounds. This petition is particularly relevant in cases involving mental health considerations, as it highlights the need for appropriate mental health treatment rather than incarceration for individuals with severe psychological conditions.