This is a multi-state form covering the subject matter of the title.
King Washington Petition for Writ of Habeas Corpus by a Person in State Custody
Category:
State:
Multi-State
County:
King
Control #:
US-00277
Format:
Word;
Rich Text
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How to fill out Petition For Writ Of Habeas Corpus By A Person In State Custody?
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FAQ
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.
Typical examples where a court has granted a habeas corpus petition include claims of new evidence discovered in the case, ineffective assistance of counsel, prosecutorial misconduct, incompetence to stand trial, and challenging conditions of confinement.
2. Who can petition for a writ? In Texas, both inmates and defendants can petition for a writ of habeas corpus. Inmates are people who have already been convicted of a crime.
- No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appears therefrom in whose custody or under whose restraint the party imprisoned or restrained is held and the court or judge before whom he is to be brought.
Who can file a writ of Habeas Corpus? Generally, the person who is an illegal detainee files the writ of habeas corpus. To begin the writ process for filing a petition of Habeas Corpus, one can file it and issue it against any public authority or any particular individual.
Habeas corpus, or the Great Writ, is the legal procedure that keeps the government from holding you indefinitely without showing cause. When you challenge your detention by filing a habeas corpus petition, the executive branch must explain to a neutral judge its justification for holding you.
Habeas corpus, an ancient common-law writ, issued by a court or judge directing one who holds another in custody to produce the person before the court for some specified purpose.
A person convicted of a crime must file a habeas corpus petition with the district court, typically the California Superior Court. Three requirements must be met before a person can successfully file a writ of habeas corpus petition. These are: the petitioner, or person bringing the writ, must be in custody,
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 habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf. The petition must name the custodian as the respondent and state the facts concerning the applicant's custody and include the legal basis for the request.