habeas corpus

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habeas corpus

(hā`bēəs kôr`pəs) [Lat.,=you should have the body], writwrit,
in law, written order issued in the name of the sovereign or the state in connection with a judicial or an administrative proceeding. Usually the writ requires the person to whom the command is issued to report at a fixed time (the return day) with proof of compliance or a
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 directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a specified place for a specified purpose. The writ's sole function is to release an individual from unlawful imprisonment; through this use it has come to be regarded as the great writ of liberty. The writ tests only whether a prisoner has been accorded due process, not whether he is guilty. The most common present-day usage of the writ is to appealappeal,
in law, hearing by a superior court to consider correcting or reversing the judgment of an inferior court, because of errors allegedly committed by the inferior court.
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 state criminal convictions to the federal courts when the petitioner believes his constitutional rights were violated by state procedure. An individual incarcerated in a state prison is expected to exhaust all possible routes available before applying to a federal judge for habeas corpus.

The term is mentioned as early as the 14th cent. in England, and was formalized in the Habeas Corpus Act of 1679. The privilege of the use of this writ as a safeguard against illegal imprisonment was highly regarded by the British colonists in America, and wrongful refusals to issue the writ were one of the grievances before the American Revolution. As a result, the Constitution of the United States provides that "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it" (Article 1, Section 9). President Lincoln suspended habeas corpus in 1861 at the beginning of the Civil War, and his decision was upheld by Congress—despite protests by Chief Justice Roger Taney that such suspension was not within the powers of the president. The Supreme Court's liberal decisions in the 1950s and 1960s in the area of prisoners' rights encouraged many incarcerated persons to file writs challenging their convictions, but the Court under William Rehnquist limited multiple habeas corpus filings, particularly from prisoners on death row.

Bibliography

See P. D. Halliday, Habeas Corpus: From England to Empire (2010); J. J. Wert, Habeas Corpus in America (2011).

habeas corpus

Law a writ ordering a person to be brought before a court or judge, esp so that the court may ascertain whether his detention is lawful
References in periodicals archive ?
48) Pursuant to the AEDPA tolling provisions, a post-conviction petitioner whose complaint was properly filed will have around a year (49) after exhausting his state court collateral remedies to file a habeas petition.
AEDPA's "centerpiece," Section 2254(d), alters the standard of review for federal courts reviewing habeas petitions.
In this case the Court held that "a second habeas petition raising Avena and VCCR claims in conjunction with the Presidential Memorandum was not successive within the meaning of the Anti-Terrorism and Effective Death Penalty Act of 1996 ("AEDPA") if the initial petition was denied before the Presidential Memorandum was issued.
Therefore, only the specialized court should have jurisdiction to decide whether a litigant can file a successive or second habeas petition.
If, for example, the State rules do not require that post-conviction petitions be filed within one year of the conviction, then a post-conviction lawyer might file a petition that is timely under state law but that will preclude the filing of a timely federal habeas petition.
In 2000, roughly 85% of federal habeas petitions were filed
It bears noting, however, that when a state habeas petition preceded the habeas claim before a federal court of appeals, the Supreme Court has ruled that a petitioner seeking relief under [section] 2254(d)(1) is restricted to the record before the state court that adjudicated the same claim.
prisoners' habeas petitions, the study's findings provide a
In the US District Court for the District of Columbia, Judge Henry Kennedy granted Latif's habeas petition.
57) Richter brought a habeas petition claiming that his trial counsel was deficient in failing to consult blood evidence experts in planning a trial strategy and in preparing to rebut expert evidence the prosecution might--and later did--offer.