New York Writ of Habeas Corpus 12-97

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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.

The petition for a writ of habeas corpus must be accompanied by the full $5.00 filing fee. If you want to commence an action without prepayment of fees or security therefor, you must file a motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

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.

Any application under this chapter for habeas corpus relief under section 2254 must be filed in the appropriate district court not later than 180 days after final State court affirmance of the conviction and sentence on direct review or the expiration of the time for seeking such review.

Federal habeas can be a very slow process. The longest I ever had to wait for a decision on a federal habeas corpus case was three years from the conclusion of evidentiary hearing. After three years the judge entered an extraordinarily long...

All applications for writs or orders in the nature of writs of Habeas Corpus under Article 226 of the Constitution of India shall be made to the Division Bench taking criminal business of the Appellate Side of the High Court duly verified by oath or affidavit setting forth the circumstances under which the writ or

It found that 3.2 percent of the petitions were granted in whole or in part, and only l. 8 percent resulted in any type of release of the petitioner. Successful habeas corpus claims in most cases do not produce a prisoner's release, but rather a requirement for further judicial review.

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.