Define Habeas Corpus In Law In King

State:
Multi-State
County:
King
Control #:
US-00277
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Word; 
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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, allowing individuals in state custody to challenge the legality of their imprisonment. In the case at hand, the petitioner seeks relief based on claims that their guilty plea was not made voluntarily due to a lack of understanding of the charges and the consequences, as well as ineffective assistance of counsel. Key features of the form include sections for personal information about the petitioner and the circumstances surrounding their conviction, along with specific grounds for relief that highlight mental health issues impacting the petitioner's competency at the time of plea. Filling instructions emphasize the importance of providing accurate background information, clear grounds for relief, and supporting exhibits such as affidavits. The target audience, which includes attorneys, paralegals, and legal assistants, will find this form useful for advocating on behalf of clients with similar issues involving mental health and ineffective legal representation. Properly filing this form can lead to an evidentiary hearing, which may result in the overturning of a conviction or a transfer to a mental health facility where the petitioner can receive appropriate care.
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  • Preview Petition for Writ of Habeas Corpus by a Person in State Custody
  • Preview Petition for Writ of Habeas Corpus by a Person in State Custody
  • Preview Petition for Writ of Habeas Corpus by a Person in State Custody

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FAQ

Habeas corpus, an ancient common-law writ, issued by a court or judge directing one who holds another in custody to produce the person before the court for some specified purpose.

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 term “corpus” is Latin for "body.” A trust corpus is the "body" of the trust. This is the property that is transferred into the trust; also known as the trust res. A trust corpus is one of the fundamental elements that has to be defined for the formation of a valid trust.

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.

: a collection or body of knowledge or evidence. especially : a collection of recorded utterances used as a basis for the descriptive analysis of a language.

Ha·​be·​as cor·​pus ˌhā-bē-ə-ˈskȯr-pəs. 1. : a legal order for an inquiry to determine whether a person has been lawfully imprisoned. 2. : the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment.

Legal corpora contain legislation, legal acts, transcriptions of court decisions, and other kinds of materials related to national or supernational law.

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 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.

TWO TYPES OF WRITS: WRIT OF HABEAS CORPUS AD PROSEQUENDUM - An order commanding the presence of a defendant to appear in court to answer charges on pending case. WRIT OF HABEAS CORPUS AD TESTIFICANDUM – An order commanding the presence of a witness to appear in court to testify in court proceedings.

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Define Habeas Corpus In Law In King