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Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into ...
While habeas corpus can be filed in state or federal court, all state avenues must be exhausted first. In the United States federal court system the writ of habeas corpus is used most frequently to review state court convictions. Federal statutes (28 U.S.C. §§ 2241–2256) outline the procedural aspects of federal habeas corpus proceedings. [10]
[10] [11] [7] Writing separately Justice Felix Frankfurter said that "state adjudication of questions of law cannot, under the habeas corpus statute, be accepted as binding." [ 12 ] He said the enforcement of federal constitutional rights was determined by the Habeas Corpus Act of 1867 : "It is for this Court to give fair effect to the habeas ...
Cullen v. Pinholster, 563 U.S. 170, is a 2011 United States Supreme Court case concerning evidentiary development in federal habeas corpus proceedings. Oral arguments in the case took place on November 9, 2010, and the Supreme Court issued its decision on April 4, 2011.
Wainwright v. Sykes, 433 U.S. 72 (1977), was a United States Supreme Court case decided on June 23, 1977. In a 7–2 decision by Associate Justice William Rehnquist, the Court held that, if a state prisoner fails to raise a federal constitutional claim at trial or on appeal in a manner in keeping with the state's requirements, and cause and prejudice for this failure cannot be shown, that ...
10 9 8 7 6 5 4 3 2 1 Library of Congress Cataloging-in-Publication Data Wolf, Naomi. The end of America : a letter of warning to a young patriot / Naomi Wolf. p. cm. Includes bibliographical references. ISBN 978-1-933392-79-0 1. Civil rights—United States. 2. Abuse of administrative power—United States. 3. National security—United States. 4.
Argument: Oral argument: Case history; Prior: For Stone v.Powell: . convicted (Superior Court of San Bernardino County); affirmed (California Court of Appeal, 1969); habeas corpus petition denied (California Supreme Court); habeas corpus petition denied (Northern District of California); reversed, 507 F.2d 93 (9th Cir. 1974), certiorari granted, 422 U. S. 1055 (1975)