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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 ...
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 the most common types of habeas corpus proceedings in the United States federal courts, a certificate of appealability is a legal document that must be issued before a petitioner may appeal from a denial of the writ. [1] The certificate may only be issued when the petitioner has made a "substantial showing of the denial of a constitutional ...
The Act largely restored habeas corpus following its 1863 suspension by Congress, ensuring that anyone arrested after its passage could challenge their detention in the federal courts, but denied habeas relief to anyone who was already in military custody for any military offense or for having aided the Confederacy.
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)
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In early 2002 the first major petition for a writ of habeas corpus regarding Guantanamo detainees was filed. This was denied on the foundation that U.S. courts lacked jurisdiction over the camp and its prisoners; Guantanamo Bay is located in Cuba, outside of the territory of the USA, and the writ of habeas corpus is 'not available to aliens ...
1 September 24, 2012 To: James Kellogg, President California Fish and Game Commission 1416 Ninth Street, Room 1320