A North Carolina Petition for a Writ of Habeas Corpus Under 28 U.S.C. Sec. 2241-AO 242 is a legal document used to challenge an individual's imprisonment or other form of detention. This type of petition is filed in federal court in North Carolina and seeks relief from the court in the form of an order granting the petitioner's release from custody. The petitioner must allege facts showing that his detention is unlawful or unconstitutional in order to be entitled to relief. There are two types of North Carolina Petition for a Writ of Habeas Corpus Under 28 U.S.C. Sec. 2241-AO 242—an “original” petition, and a “successive” petition. An original petition is a petition brought by an individual who is currently in custody and is seeking an order for release from detention. A successive petition is a petition brought by an individual who has already brought an original petition and is now seeking relief from the same court, on the same grounds, for the same form of detention. In order to file a North Carolina Petition for a Writ of Habeas Corpus Under 28 U.S.C. Sec. 2241-AO 242, the petitioner must meet a number of requirements. These requirements include providing evidence that the petitioner is actually detained, showing that the detention is unlawful or unconstitutional, and providing a copy of the petition to the respondent (the person or agency responsible for the petitioner's detention).
North Carolina Petition for a Writ of Habeas Corpus Under 28 U.S.C. Sec. 2241-AO 242)
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FAQ
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 "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 application for writ of habeas corpus must be verified in writing, and state sufficient information to identify the person for whom the writ is sought. G.S. 17-7. It must also state where and why the person is being held, and the alleged reason why his or her detention is unlawful.
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 Court observed that"the writ of habeas corpus is one of the centerpieces of our liberties. 'But the writ has potentialities for evil as well as for good. Abuse of the writ may undermine the orderly administration of justice and therefore weaken the forces of authority that are essential for civilization.
A defendant who is imprisoned in North Carolina for any criminal or supposed criminal matter may challenge the lawfulness of his or her custody by applying for a writ of habeas corpus (ad subjiciendum). See G.S. 17-3. This writ was known as the ?great Writ of Right.? See State v.
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.
A successful Writ of Habeas Corpus may result in a reduction of a prison sentence, a new trial, or even a person's freedom.