A Minnesota (AO 242) Petition for Writ of Habeas Corpus — 2241 is a document used by an individual to challenge their detention or imprisonment. It is a legal document that is filed in federal court and allows a person to seek relief from unlawful or unconstitutional confinement. This type of petition is available to individuals who are being detained by state or federal authorities, such as in prison or immigration detention. The petition typically requests a writ of habeas corpus, which is a court order requiring the government to explain its legal justification for the confinement. There are two types of Minnesota (AO 242) Petition for Writ of Habeas Corpus — 2241. The first is a petition for writ of habeas corpus ad testificandum, which seeks an order for a prisoner to be brought before a court to testify or answer questions. The second type of petition is a petition for writ of habeas corpus ad subjiciendum, which requests a court order for the release of a prisoner or for the government to explain the legal justification for the prisoner's detention.
Minnesota (AO 242) Petition for Writ of Habeas Corpus - 2241
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FAQ
An example of a petition for habeas corpus in the U.S. occurred in the 2009 case Knowles v. Mirzayance. Mirzayance had been accused of murder and had pled not guilty and not guilty by reason of insanity (NGI); however, his legal counsel dissuaded him from pursuing the NGI plea, and he was found guilty.
A successful Writ of Habeas Corpus may result in a reduction of a prison sentence, a new trial, or even a person's freedom.
§ 2241 in two circumstances: 1) where the prisoner does not challenge the validity of his conviction and sentence, but rather its execution (for example, claims that the BOP miscalculated a sentence or failed to properly award good time credits, or complaints about conditions of confinement are properly raised in
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).
§ 2241. (a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions. The order of a circuit judge shall be entered in the records of the district court of the district wherein the restraint complained of is had.
Section 2241 of Title 28 of the United States Code (?28 U.S.C. § 2241?) permits courts to issue writs of habeas corpus where a prisoner establishes that he is in custody in violation of the Constitution or laws or treaties of the United States.