Connecticut Order - Writ of Habeas Corpus
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Description. 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).
?The principal purpose of the writ of habeas corpus is to serve as 'a bulwark against convictions that violate ?fundamental fairness.?'? Bunkley v. Commissioner , 222 Conn.
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.
?Habeas corpus? is a Latin term meaning ?bring us the body.? It is a legal petition filed to challenge Immigration and Customs Enforcement's (ICE) ability to detain a person. There are many different types of habeas corpus petitions.
Habeas Corpus is a royal prerogative writ involving a petition made to the sovereign, in Canada in the form of her Superior Court Justices, that if granted would compel a prison official to "produce the body" and justify authority for why a person is being detained.
In Jones v. Hendrix, decided on June 22, 2023, the Supreme Court resolved a circuit split over a provision of 28 U.S.C. § 2255, the statutory habeas corpus alternative permitting federal prisoners to raise post- conviction challenges to their convictions or sentences.
In its simplest form a writ of habeas corpus requires that a person who is in custody be brought before a judge or court and that they be able to challenge that custody. The writ of habeas corpus is used to attack an unlawful detention or illegal imprisonment.
