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The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners.
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 ...
The passage of the Habeas Corpus Suspension Act in March 1863 finally ended the controversy, at least temporarily, by authorizing presidential suspension of the writ during the Civil War, but requiring indictment by grand jury (or release) of political prisoners, and by indemnifying federal officials who had arrested citizens without habeas in ...
King served in the United States Air Force from 1953 to 1955 in the Judge Advocate General's Department as a first lieutenant. He was in a private law practice in Miami from 1953 until 1964 when he became a member of the Florida Board of Regents. From 1964 until 1970, he was a circuit judge of the Eleventh Judicial Circuit Court of Florida. [2]
John Merryman (August 9, 1824 – November 15, 1881) of Baltimore County, Maryland, was arrested in May 1861 and held prisoner in Fort McHenry in Baltimore and was the petitioner in the case "Ex parte Merryman" which was one of the best known habeas corpus cases of the American Civil War (1861–1865).
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 ...
The Habeas Corpus Act 1679 is an Act of Parliament in England (31 Cha. 2.c. 2) during the reign of King Charles II. [2] It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment.
Under the Antiterrorism and Effective Death Penalty Act of 1996, prisoners are barred from filing "second or successive" petitions for habeas corpus unless they meet certain exceptions, including if the Supreme Court has set forth a "new rule of constitutional law." However, there is no analogous exception for changes in the interpretation of ...