Mississippi Complaint for Writ of Habeas Corpus

State:
Mississippi
Control #:
MS-61679
Format:
Word; 
Rich Text
Instant download

Description

The Complaint initiates a court action and is the first document (pleading) filed in a lawsuit, listing the accusations upon which the complaining party bases their request for relief, and the relief sought. This sample document, a Complaint for Writ of Habeas Corpus, can be used as a model for drafting a similar complaint. Adapt to fit your own facts and circumstances. Available for download in standard format(s). USLF control no. MS-61679
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FAQ

Known as "the Great Writ," habeas corpus gives individuals the power to get help from courts to keep government and any other institutions that may imprison people in check.The writ of habeas corpus gives jailed suspects the right to ask a judge to set them free or order an end to improper jail conditions.

The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means "show me the body." Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.

An example of habeas corpus is if you file a petition with the court because you want to be brought before a judge where reasons for your arrest and detention must be shown.

A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.

A person convicted of a crime must file a habeas corpus petition with the court, typically the California Superior Court. Three requirements must be met before a person can successfully file a writ of habeas corpus petition.

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Mississippi Complaint for Writ of Habeas Corpus